Casey & Ors v Environment Agency [2026] EWHC 178 (KB) (02 February 2026)

Casey & Ors v Environment Agency [2026] EWHC 178 (KB) (02 February 2026)

The Environment Agency, as owner of the riverbed, is entitled to possession against houseboat owners moored without its consent, regardless of riparian rights or public navigation rights, as neither confers a right to permanent mooring; the proceedings and order are proportionate and lawful; the Agency's decision to litigate was properly authorised; the declaration granted was within the judge's discretion and did not prejudice absent third parties.

Citation
[2026] EWHC 178 (KB)
Parties
Appellant/defendant: Mrs Jacqueline Casey; Appellant/defendant: Mr John Casey; Appellant/defendant: Mr Sergiu Sidei; Appellant/defendant: Mr Erion Gjika; Appellant/defendant: Mr Fatmir Kastrati; Appellant/defendant: Mrs Frances Laugenie; Appellant/defendant: Mr Stephen Cross; Respondent/claimant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
02 February 2026
Procedural Posture
Appeal / Judgment on Appeal From County Court Possession Order
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Trespass, Riparian Rights, Public Right of Navigation, Article 8 ECHR, Ultra Vires, Duty of Candour, Declaratory Relief
Property Law Public Law Human Rights Possession Proceedings Trespass Riparian Rights Public Right of Navigation Article 8 ECHR +3 more

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Parties

Mrs Jacqueline Casey

Appellant/defendant

Mr John Casey

Appellant/defendant

Mr Sergiu Sidei

Appellant/defendant

Mr Erion Gjika

Appellant/defendant

Mr Fatmir Kastrati

Appellant/defendant

Mrs Frances Laugenie

Appellant/defendant

Mr Stephen Cross

Appellant/defendant

Environment Agency

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether the Environment Agency as riverbed owner can obtain possession against houseboat owners moored without consent
  2. 2 Whether riparian rights or public navigation rights defeat a possession claim
  3. 3 Whether the proceedings or order breach Article 8 ECHR or are disproportionate

Ratio Decidendi

The Environment Agency, as owner of the riverbed, is entitled to possession against houseboat owners moored without its consent, regardless of riparian rights or public navigation rights, as neither confers a right to permanent mooring; the proceedings and order are proportionate and lawful; the Agency's decision to litigate was properly authorised; the declaration granted was within the judge's discretion and did not prejudice absent third parties.

Court Disposition

Appeal dismissed

Orders

  • Possession order against defendants affirmed
  • Declaration that Environment Agency as riverbed owner may bring possession proceedings against vessel owners, regardless of riparian rights, affirmed