Moore case legal costs revealed

Published: Saturday, 27 April 2013

RECENTLY narrowboatworld divulged that Canal & River Trust had failed to reveal costs associated with its illegal attempt to seize a boat and deprive a boater of his home (Cart publicizes its adversary), writes Allan Richards.

Specifically the article stated 'Another Freedom of Information request to determine the considerable cost to BW/CaRT of defending the case brought against them by Nigel Moore remains unanswered after six weeks'.

Legal fees revealed

It is not known if it was as a direct result of the narrowboatworld article or not, but at least some of the costs have now been revealed.

A rather long winded response from CaRT provides much information, superfluous to the request, but omits to mention that British Waterways (CaRT's predecessor) illegally attempted to deprive Mr Moore of his home and violated his human rights. However, hidden in the depths is some of the information requested.

The costs

CaRT has revealed costs of £82,168.50 on Solicitors fees and £157,813.75 in Counsel's fees. In round figures that is £240,000 on legal fees.

It has been quickly pointed out by Nigel Moore that the external legal costs are only partial costs. In an annotation to CaRT's response to the request he explains:

"The costs of employing the external legal firms is surely only a part of the costs; there was the time spent by Greta O'Shea and Jackie Lewis and Nigel Johnson—both in the office (cue assembling the documentation requested under disclosure requirements), in discussion; in liaising with the solicitors, and in court attendances.

"Then there will have been the costs in arranging for the court appearances of their witnesses, bringing one at least in from retirement out of town, and the costs of preparing at least five Witness Statements.

More costs

Of course, on top of the external and internal costs will be the costs awarded to Mr Moore on winning the case and the amount paid to him for violating his human rights.

It remains to be seen if the originator of the request manages to find the total costs of British Waterways' illegal action but £400,00 has been suggested.

Questionable

Another annotation to the request, by David DeVere, again suggests that BW/CaRT's activities relating the to the Brent area are questionable stating:

"I also have a problem with this costing as it does not include the cost of pursuit of criminal proceedings against myself on the River Brent (in 2007 and 2011), the cost of covering up the two alleged frauds committed by the British Waterways officers at the Land Registry (in 2005 and 2007) and the cost of pursuing erroneous legal actions in the court system (starting in 2002) all of which actions now fall to be reviewed in light of the result in Moore v. British Waterways."

Somehow one can't imagine a Freedom of Information request for 'the cost of covering up the two alleged frauds committed by British Waterways officers at the Land Registry (in 2005 and 2007)' being answered as it has yet to be determined that fraud was committed.

However, one thing is certain. The 'land grabbing' accusations will continue.