WITH an admitted 22 chamber hang-ups of boats in the Bank Newton Flight on the Leeds & Liverpool Canal, it is indeed a disgrace, writes the Editor.
Only last week in its published annual report into the state of its canals, Canal & River Trust expounded it has an 'exemplary record in conservation and legal compliance' with its Chief Executive Officer telling that 'we have continued to improve the overall condition of the historic locks, bridges, aqueducts and tunnels that are used and enjoyed by millions of people'.
Nothing being done
Yet here we have the dangerous Bank Newton Flight with its many lock protrusions capable of hanging-up boats and even sinking them, with nothing whatsoever being done to alleviate the danger.
Regular users of the flight are aware of the condition of the locks and know that it is dangerous to share with another boat, a pair often being too wide to escape the protrusions, so are in fear of being hung-up, but newcomers and particularly hirers, know nothing of the dangers, and can easily find themselves in a perilous position when sharing and in danger of sinking.
Diabolical treatment
Anyone reading the terrible experience of Kenneth Churchill whose boat, sharing Lock 40 on the flight with another, was caught by a protrusion on the lock wall and sank, can but sympathize at his diabolical treatment by the Trust, that it dragged on for four years causing untold distress to his family and himself.
But he knew the sinking of his boat was the fault of the Trust, and persevered with his action until eventually, notwithstanding its throwing money at attempting to wriggle out, including the cost of a report of 49 pages of text with 32 pages of colour photos that took several months with countless visits to the flight to produce. Using no less than four solicitors.
Cannot risk a judgment against it
But what he did discover was that being a charity, the Trust cannot afford to have a recorded judgment against it, so has an unwritten policy to agree to settlements at any cost, and the cost Kenneth Churchill was told to the Trust of this action was that it possibly spent over £500,000 of charity money including an undisclosed settlement, and of his struggle to get reparation, Kenneth told me:
"It was a Trust QC who told one of his boating clients that it is CaRT's unwritten policy to agree to settlements at any cost rather than have recorded judgment against it. I wish I knew that before 13th September because I wanted to go to court, this month, and reluctantly agreed to the settlement in the interest of my wife's health and welfare. Sadly the four years of CaRT lies, deceit and arrogance will have a lasting effect on my wife."
Surely Canal & River Trust must now make the Bank Newton Flight of locks safe for its boaters, and especially Lock 40. And though no remedial work has even been considered, it now must be, for by not doing so, it risks having to pay out yet again for its arrogance in avoiding what really is its duty to its customers...
Tom Crossley