A group of Lynn fishermen has won the right to appeal against a ruling that they trespassed on a private fishery in The Wash close to Hunstanton.
The fishermen’s solicitor, Andrew Oliver, said the judge at the trial in the High Court in April had given leave for the appeal in the long-running case.
He said: “This is slightly unusual as normally the trial judge refuses leave and the application for permission has to be made to the Court of Appeal.”
Now that permission had been granted, the appeal papers have to be ready by mid-September.
In April, the judge ruled that Brancaster Staithe fisherman John Loose had the sole right to fish in the area off Heacham.
One of the Lynn fishermen, Stephen Williamson, of Lynn Shellfish, said the case was important to the history and the future of fishing in The Wash.
He said: “We weren’t happy with the original outcome and we want to continue the fight for the good of all fishermen.”
The High Court heard that the private fishery, owned by the Le Strange family, had long been a cause of tension among local fishermen.
In 2007, Lynn fishermen decided to make a stand in defence of what they saw as their historic rights and sailed into the fishery to catch cockles.
Mr Loose, whose grandfather was tenant of the area before him, tracked and identified vessels and the court found 13 fishing boats had trespassed on the fishery between July and September that year.
Mr Oliver, of Hull, is a specialist in marine and fisheries law. After the hearing, he said the grounds for the appeal were the judge’s ruling that a private fishery could be extended by accretion, or a build- up of sand.