'Bargees' misconceived claim
THE Canal & River Trust (CaRT) has filed in the High Court a strong response to the judicial review claim that the Trust's Guidance for Boaters Without a Home Mooring misrepresents the requirements of s.17 British Waterways Act 1995.
It was Nick Brown of the self-styled Bargees Association, who after three failed attempts finally received permission to take forward just one limited aspect of his claim, three previous judges having decided that he had no arguable case whatsoever. His claims regarding (amongst other things) human rights and equality law have already been rejected.
Substantial consultation
The Guidance, which was first issued in 2004 and has been subject to substantial consultation with boating groups through its life, helps boaters to determine whether their movement patterns comply with the law and aims to ensure that the waterways are managed fairly for everyone.
Nigel Johnson, the Trust's Legal Director points out:
"This misconceived claim for judicial review should not mislead boaters. The Trust's Guidance for Boaters Without a Home Mooring remains valid and applicable. Our response comprehensively answers each of the assertions Nick Brown makes and illustrates their flaws."
Misuse and abuse
The evidence submitted by the Trust explains that use for navigation is a charitable public purpose but anyone who uses the waterways for their (floating) home without continuously cruising is deriving personal benefit which is a misuse and abuse of charitable property without a fair payment in return. The recently updated Charity Commission guidance on the issue of personal benefit makes this clear.
Richard Parry, the Trust's Chief Executive explains:
"We welcome people who choose to live on our waterways as they bring life and colour to the canals and rivers, provided that everyone observes the rules. Our guidance is there to help boaters comply with the law. It is regrettable that Mr Brown's pursuit of his agenda through the courts means that we have to divert resources that would otherwise be used to care for the fabric of the 200 years old canals and river navigations and enhance public benefit."
The full ‘Grounds of Resistance' of the Trust and its accompanying evidence are available on the Trust's website:
http://canalrivertrust.org.uk/media/library/4434.pdf
http://canalrivertrust.org.uk/media/library/4435.pdf
[Nick Brown, with others, living on their boats under Continuous Cruiser licences, want to remain within a certain area and not abide by the rules of covering certain lock miles within the specified 14 days. Known as continuous moorers, certain people swap moorings on the Kennet & Avon Canal, usually in the very early mornings, in an attempt to fool the authorities—Editor.]