Royal Borough of Kingston-Upon-Thames v Salzer & Anor [2022] EWHC 3081 (KB) (02 December 2022)

Royal Borough of Kingston-Upon-Thames v Salzer & Anor [2022] EWHC 3081 (KB) (02 December 2022)

The council has sufficient possessory rights and statutory authority to control moorings and enforce its policy. The defendants have no licence or proprietary right to moor, have persistently trespassed, and no defence of adverse possession or acquiescence applies. Article 8 is not engaged or, if engaged, is not breached by the injunction, which is proportionate. The council is entitled to a final injunction and costs.

Citation
[2022] EWHC 3081 (KB)
Parties
Claimant: The Royal Borough of Kingston-upon-Thames; First Defendant: Warwick Salzer; Second Defendant: Thames Boat Charters Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Civil (injunction, Trespass) / Final Judgment After Trial
Outcome
Injunction granted. Costs awarded to Claimant.
Legal Topics
Trespass, Mooring Rights, Injunctions, Article 8 ECHR, Adverse Possession, Acquiescence, Statutory Powers of Local Authorities
Property Law Local Government Law Human Rights Trespass Mooring Rights Injunctions Article 8 ECHR Adverse Possession +2 more

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Parties

The Royal Borough of Kingston-upon-Thames

Claimant

Warwick Salzer

First Defendant

Thames Boat Charters Limited

Second Defendant

Procedural Posture

Civil (injunction, Trespass) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendants have the right to moor vessels on council-controlled land without permission
  2. 2 Whether the council is entitled to a final injunction to restrain trespass and enforce its mooring policy
  3. 3 Whether Article 8 ECHR is engaged by the removal of the defendant's houseboat

Ratio Decidendi

The council has sufficient possessory rights and statutory authority to control moorings and enforce its policy. The defendants have no licence or proprietary right to moor, have persistently trespassed, and no defence of adverse possession or acquiescence applies. Article 8 is not engaged or, if engaged, is not breached by the injunction, which is proportionate. The council is entitled to a final injunction and costs.

Court Disposition

Injunction granted. Costs awarded to Claimant.

Orders

  • Defendants prohibited from mooring on or to boats attached to the landing stage/strip at the Gazebo Public House, except in accordance with council mooring policy or with permission.
  • Defendants must remove any vessels owned or controlled by them from council-controlled river frontage within 28 days.