Ipswich Borough Council v Moore & Anor [2001] EWCA Civ 1273 (25 July 2001)

Ipswich Borough Council v Moore & Anor [2001] EWCA Civ 1273 (25 July 2001)

The Ipswich Dock Act 1950 confers powers on the Port Authority to regulate and licence moorings, expressly making the Council's property rights subject to those statutory powers. The Council cannot require separate consent or charge for mooring licences where a licence has been granted by the Port Authority.

Citation
[2001] EWCA Civ 1273
Parties
Claimant/appellant: Ipswich Borough Council; Defendant/respondent: Derek Moore; Defendant/respondent: Alisdair Duke; Intervener: Crown Estates Commissioners; Intervener: Royal Yachting Association
Jurisdiction
England and Wales
Judgment Date
25 July 2001
Procedural Posture
Appeal From Chancery Division / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Foreshore Ownership, Mooring Licences, Statutory Interpretation, Port Authority Powers, Charter Rights
Property Law Public Law Administrative Law Foreshore Ownership Mooring Licences Statutory Interpretation Port Authority Powers Charter Rights

Case Brief

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Parties

Ipswich Borough Council

Claimant/appellant

Derek Moore

Defendant/respondent

Alisdair Duke

Defendant/respondent

Crown Estates Commissioners

Intervener

Royal Yachting Association

Intervener

Procedural Posture

Appeal From Chancery Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ipswich Borough Council as owner of the river bed and foreshore can require consent and charge for mooring licences in addition to the Port Authority's licence
  2. 2 Whether statutory powers under the Ipswich Dock Act 1950 override the Council's property rights
  3. 3 Appropriate costs order given partial success on title

Ratio Decidendi

The Ipswich Dock Act 1950 confers powers on the Port Authority to regulate and licence moorings, expressly making the Council's property rights subject to those statutory powers. The Council cannot require separate consent or charge for mooring licences where a licence has been granted by the Port Authority.

Court Disposition

Appeal dismissed

Orders

  • Defendants awarded costs, including costs of respondent's notice and Crown Estates Commissioners' intervention, excluding costs of RYA application to intervene
  • Application for leave to appeal to House of Lords refused