THE Canal & River Trust, formerly British Waterways, has lost a landmark case concerning its rights to remove boats under Section 8 of the 1983 British Waterways Act.
Yesterday, Thursday 14th February 2013, Lord Justice Mummery, sitting with Lords Justice Jackson and Lewison handed down the Appeal Court's Judgment in the six year long case of Moore v British Waterways Board.
In dispute
Nigel Moore has been in dispute with British Waterways (and now CaRT) since 2007, when he was ordered to remove four boats from the bank of a tidal stretch of the Grand Union Canal in Brentford. (The photograph shows the entrance to the tidal Grand Union Canal from the Thames where the boats are moored.)
British Waterways' case had been, according to judgment, 'that it had power to require the removal of Mr Moore's craft, as they were permanently moored without any common law right to do so or without any permission granted by it and therefore 'without lawful authority'.
Overturning the removal notices and a decision by a lower court, the the judges found that the boats' permanent presence on the canal was prohibited neither by statute nor common law 'and was therefore lawful'.
In short, Mr Moore is not required to have a (CaRT) licence for his boat or pay CaRT to moor it, and CaRT may not remove it.
Costs
CaRT was ordered to pay 75% of Mr Moores' costs for the appeal court hearing and that of the court below. Mr Moore had already established that British Waterways had breached his human rights in its attempts to remove his boats.
In contrast to previous cases, not a single person from CaRT attended to hear the judgement handed down.
(Following the judgement, there will be a Public Inquiry in mid March. This is relating to a lawful development certificate application to London Borough of Hounslow for Certificate of Lawfulness for existing use of moorings for up to three narrowboats with small storage shed, main power, mains water and garden at Ridgeways Wharf, Brent Way, Brentford TW8 8ES.)