Broads Authority v Fry [2015] EWHC 4139 (Admin) (05 November 2015)

Broads Authority v Fry [2015] EWHC 4139 (Admin) (05 November 2015)

The Broads Authority has express statutory power under section 13(1) of the 1988 Act as amended by the 2009 Act to levy tolls on vessels moored in adjacent waters, regardless of whether the vessel is used in the navigation area or the owner derives a personal benefit. The statutory language is clear and cannot be read down to require a benefit test. The bylaws are not invalid for uncertainty or unreasonableness. However, charges levied must be reasonable under section 27 of the Harbours Act 1964, and this issue must be determined by the Crown Court on reconsideration.

Citation
[2015] EWHC 4139 (Admin)
Parties
Claimant: Broads Authority; Defendant: Alan Fry
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Appeal by Way of Case Stated / Divisional Court (high Court) Appeal From Crown Court Decision
Outcome
Appeal allowed; Crown Court decision quashed; matter remitted for reconsideration
Legal Topics
Statutory Powers of Regulatory Authorities, Tolls and Charges on Vessels, Validity and Reasonableness of Bylaws, Interpretation of the Broads Authority Act 2009 and Norfolk and Suffolk Broads Act 1988, Application of Harbours Act 1964
Administrative Law Local Government Law Statutory Interpretation Statutory Powers of Regulatory Authorities Tolls and Charges on Vessels Validity and Reasonableness of Bylaws Interpretation of the Broads Authority Act 2009 and Norfolk and Suffolk Broads Act 1988 Application of Harbours Act 1964

Case Brief

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Parties

Broads Authority

Claimant

Alan Fry

Defendant

Procedural Posture

Appeal by Way of Case Stated / Divisional Court (high Court) Appeal From Crown Court Decision

Legal Issues

  1. 1 Whether the Broads Authority has statutory power to levy tolls on vessels moored in adjacent waters not using the navigation area
  2. 2 Whether such tolls are lawful if the vessel owner derives no benefit from Authority services
  3. 3 Whether bylaw 19 is invalid for uncertainty or unreasonableness

Ratio Decidendi

The Broads Authority has express statutory power under section 13(1) of the 1988 Act as amended by the 2009 Act to levy tolls on vessels moored in adjacent waters, regardless of whether the vessel is used in the navigation area or the owner derives a personal benefit. The statutory language is clear and cannot be read down to require a benefit test. The bylaws are not invalid for uncertainty or unreasonableness. However, charges levied must be reasonable under section 27 of the Harbours Act 1964, and this issue must be determined by the Crown Court on reconsideration.

Court Disposition

Appeal allowed; Crown Court decision quashed; matter remitted for reconsideration

Orders

  • Decision of the Crown Court quashed
  • Matter remitted to the Crown Court for reconsideration by a differently constituted bench, including consideration of the reasonableness of the charges under section 27 of the Harbours Act 1964