Moore v British Waterways Board

Moore v British Waterways Board

The preliminary ruling on whether the 1793 Act rights remain in force was unsatisfactory and must be set aside; the issue should be determined at trial after full legal argument and evidence. The court concluded that the public right of navigation does not include an ancillary right to moor other than temporarily, and that the statutory regime's impact on riparian rights must be resolved at trial.

Parties
Appellant: Mr Nigel Moore; Respondent: British Waterways Board
Jurisdiction
England and Wales
Judgment Date
05 February 2010
Procedural Posture
Civil Appeal / Permission to Appeal and Appeal From Preliminary Determination
Outcome
Permission to appeal granted; preliminary ruling on issue (i) set aside; action to proceed to trial; costs adjusted.
Legal Topics
Riparian Rights, Navigation Rights, Statutory Interpretation, Mooring Rights, Costs
Property Law Administrative Law Riparian Rights Navigation Rights Statutory Interpretation Mooring Rights Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Nigel Moore

Appellant

British Waterways Board

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal and Appeal From Preliminary Determination

Legal Issues

  1. 1 Whether rights concerning the waterway between Bax’s Mill and the River Thames as described in the 1793 Act remain in force and unaffected by the Transport Act 1968
  2. 2 Whether a public right of navigation includes an ancillary right to moor other than temporarily in the course of navigation
  3. 3 Whether British Waterways Board is the relevant statutory navigation authority for the tidal waters of the River Brent

Ratio Decidendi

The preliminary ruling on whether the 1793 Act rights remain in force was unsatisfactory and must be set aside; the issue should be determined at trial after full legal argument and evidence. The court concluded that the public right of navigation does not include an ancillary right to moor other than temporarily, and that the statutory regime's impact on riparian rights must be resolved at trial.

Court Disposition

Permission to appeal granted; preliminary ruling on issue (i) set aside; action to proceed to trial; costs adjusted.

Orders

  • Preliminary ruling on issue (i) set aside
  • No order as to costs for appeal and permission application