Moore v British Waterways Board [2012] EWHC 182 (Ch) (10 February 2012)

Moore v British Waterways Board [2012] EWHC 182 (Ch) (10 February 2012)

The claimant had no right of permanent mooring by virtue of public right of navigation or riparian rights; the Grand Junction Canal Act 1793 did not confer such a right, nor did subsequent legislation. BWB's statutory powers as navigation authority entitled it to regulate and remove unlicensed vessels under section 8 of the British Waterways Act 1983. The section 8 notices were validly served.

Citation
[2012] EWHC 182 (Ch)
Parties
Claimant: Nigel Peter Moore; Defendant: British Waterways Board
Jurisdiction
England and Wales
Judgment Date
10 February 2012
Procedural Posture
Civil / High Court Trial After Remittal From Court of Appeal
Outcome
Claim dismissed
Legal Topics
Public Right of Navigation, Riparian Rights, Statutory Interpretation, Mooring Rights, Licensing of Vessels, Statutory Powers of Navigation Authorities
Public Law Property Law Administrative Law Waterways Law Public Right of Navigation Riparian Rights Statutory Interpretation Mooring Rights +2 more

Case Brief

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Parties

Nigel Peter Moore

Claimant

British Waterways Board

Defendant

Procedural Posture

Civil / High Court Trial After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether British Waterways Board (BWB) had statutory authority to serve section 8 notices requiring removal of vessels from the Grand Union Canal (GUC) at Brentford
  2. 2 Whether the claimant had a right to moor vessels by virtue of public right of navigation or riparian rights
  3. 3 Whether any provision of the Grand Junction Canal Act 1793 or subsequent legislation conferred a right to moor without BWB's consent

Ratio Decidendi

The claimant had no right of permanent mooring by virtue of public right of navigation or riparian rights; the Grand Junction Canal Act 1793 did not confer such a right, nor did subsequent legislation. BWB's statutory powers as navigation authority entitled it to regulate and remove unlicensed vessels under section 8 of the British Waterways Act 1983. The section 8 notices were validly served.

Court Disposition

Claim dismissed

Orders

  • Section 8 notices served by BWB are upheld as valid
  • No declaration of right to moor granted to claimant