Jones v Canal And River Trust [2015] EWHC 534 (QB) (06 March 2015)

Jones v Canal And River Trust [2015] EWHC 534 (QB) (06 March 2015)

The Canal and River Trust, as a public authority but not a housing authority, does not owe a duty under Article 8 ECHR to consider the appellant's housing needs or to apply a proportionality test when terminating a boat licence.

Citation
[2015] EWHC 534 (QB)
Parties
Defendant / Appellant: Matthew Jones; Claimant / Respondent: Canal and River Trust
Jurisdiction
England and Wales
Judgment Date
06 March 2015
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal Hearing
Outcome
Appeal dismissed
Legal Topics
Article 8 ECHR, Proportionality, Public Authority Duties, Boat Licensing
Public Law Human Rights Article 8 ECHR Proportionality Public Authority Duties Boat Licensing

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Parties

Matthew Jones

Defendant / Appellant

Canal and River Trust

Claimant / Respondent

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal Hearing

Legal Issues

  1. 1 Whether Article 8 ECHR applies to the Canal and River Trust as a public authority but not a housing authority
  2. 2 Whether the Trust was required to consider the appellant's housing needs when terminating a boat licence
  3. 3 Whether the proportionality test under Article 8 applies in this context

Ratio Decidendi

The Canal and River Trust, as a public authority but not a housing authority, does not owe a duty under Article 8 ECHR to consider the appellant's housing needs or to apply a proportionality test when terminating a boat licence.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal refused
  • Striking out of Article 8 defence paragraphs upheld