IN THE article Victor: Ruffled feathers, it is asked if common sense will prevail, and Canal & River Trust (CaRT) simply admit it was wrong in the case of Leigh Ravenscroft? Sadly, this will not happen as the Trust has refused to settle the matter out of court, writes Allan Richards.
In his Sunday column, Victor wrote:
‘So another boater is refusing to knuckle-down under Cart's ridiculous decisions, but is suing it in the High Court.
Leigh Ravenscroft hopes his claim will show that the Trust was acting beyond its powers in seizing his boat and demanding back payment of licence fees.
But will it be another case like that of Nigel Moore, where £250,000 was spent by British Waterways/Cart defending it, only to then loose?
Or will a bit of common sense prevail, and the Trust simply admit it was wrong? It all too often pleads poverty, yet spends money defending worthless court cases that it cannot win.'
Given the opportunity
It has to be said that CaRT were given that opportunity to settle the matter before the action was started. Mr Ravenscroft offered to refrain from filing his action if CaRT agreed that they were wrong, returned his boat, and refunded his costs.
Leigh wrote a ‘letter before action' on 4th May to CaRT's solicitors, Shoosmiths, pointing out that the Trust was not empowered to seize his boat and demand money before returning it. He suggested that CaRT returned his boat and all sums of money given under duress adding ‘I would then refrain from taking any further action against you and your client regardless of my feelings in the matter'.
Second opportunity
Whilst the offer to settle out of court was rejected on 7th May, Mr Ravenscroft again wrote to Shoosmiths on 8th May in an attempt to settle the matter giving them extra time to consider his proposal.
Sadly, common sense has not prevailed and the Trust may end up spending a six figure sum finding out that it was not empowered to seize Mr Ravenscroft's boat.