Ravenscroft v Canal And River Trust [2017] EWHC 1874 (Ch) (24 July 2017)

Ravenscroft v Canal And River Trust [2017] EWHC 1874 (Ch) (24 July 2017)

The phrase 'main navigable channel' in the British Waterways Act 1971 is not confined to the thoroughfare or fairway but encompasses the full width of the main river or navigation, bank to bank, excluding only tributaries, streams, cuts, and unnavigable stretches. This construction is consistent with the legislative...

Source-derived case information.

Citation
[2017] EWHC 1874 (Ch)
Parties
Claimant: Leigh Ravenscroft; Defendant: Canal and River Trust
Jurisdiction
England and Wales
Judgment Date
24 July 2017
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Navigation Rights, Removal of Vessels, Licensing of Pleasure Boats
Property Law Administrative Law Statutory Interpretation Navigation Rights Removal of Vessels Licensing of Pleasure Boats

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Parties

Leigh Ravenscroft

Claimant

Canal and River Trust

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Proper construction of 'main navigable channel' under British Waterways Act 1971
  2. 2 Lawfulness of CRT's removal of vessel under British Waterways Act 1983
  3. 3 Whether CRT acted disproportionately and contrary to Human Rights Act 1998

Ratio Decidendi

The phrase 'main navigable channel' in the British Waterways Act 1971 is not confined to the thoroughfare or fairway but encompasses the full width of the main river or navigation, bank to bank, excluding only tributaries, streams, cuts, and unnavigable stretches. This construction is consistent with the legislative purpose, statutory context, and the operation of strict liability offences under the Act. CRT lawfully exercised its powers under section 8 of the 1983 Act to remove the vessel and levy charges.

Court Disposition

Claim dismissed

Orders

  • No declarations granted
  • No refund or compensation ordered