Time running out

TIME is running out for Canal & River Trust (CaRT) to file a defence in the case brought against it by Leigh Ravenscroft, writes Allan Richards.

Having twice rejected Mr Ravenscroft's offer to settle out of court (Common sense has not prevailed), CaRT has instructed its solicitors, Shoosmiths, to defend the entire case. Shoosmiths have until the end of today (17th June) to file a defence.

Main navigable channel

CaRT's defence will have to show that the 'main navigable channel' extends from bank to bank on rivers for the purpose of licensing but for other statutory duties such as dredging it is only the width of two boats.

Rather difficult when the legislation came into force at the same time and uses the same terminology!

Catch 22

If that was not bad enough, CaRT is embroiled in a 'catch 22' situation with respect of its Section 8 seizure of Mr Ravenscroft's boat.

Mr Ravenscroft's boat was seized as a 'lien on debt'. In plain English, it was seized to sell because CaRT claimed that Mr Ravenscroft owed them money for four years' licence fees.

However, Section 8 only allows for a boats storage and removal costs to be recovered. The problem here is that if CaRT gets the court to agree that that Section 8 powers do cover 'lien on debt' then it falls foul of the Tribunals, Courts & Enforcement Act 2007, in that it has seized goods without court order or warrant.

A no win situation!

High Court

Unusually, the case will be held in the High Court. As such, binding precedents may be set for future cases held in county courts.