The Supreme Court has upheld the original judgement in the case of T W Logistics Ltd v Essex County Council and Ian Tucker. The public can continue to use a privately owned wharf for recreation, even though the wharf continues to be used as a working harbour.
This does need not stop the harbour from working, but the parties must "give and take". The presence of the village green does, however, cast a shadow over any potential future redevelopment, which may have been the key issue all along.
In judgment, five justices led by Lord Sales dismissed the appeal, ruling that registration did not criminalise TWL's pre-existing activity. They noted that local people 'have to exercise their rights over a TVG in a fair and reasonable way, so as to respect the concurrent reasonable and established use by the landowner. This has become known as the principle of "give and take".'