Prankerd, R (on the application of) v The Carrick Districk Council [1998] EWHC 2005 (QB) (24 July 1998)

Prankerd, R (on the application of) v The Carrick Districk Council [1998] EWHC 2005 (QB) (24 July 1998)

Mooring charges do not constitute 'ship dues' within the meaning of the Harbours Act 1964, and therefore the Respondent had no statutory power to distrain upon the Applicant's yacht for non-payment of such charges. The statutory power of distress is limited to non-payment of ship dues as defined, and does not extend to ancillary charges such as mooring fees.

Citation
[1998] EWHC 2005 (QB)
Parties
Applicant: Mrs Prankerd; Respondent: Carrick District Council; Amicus Curiae: Attorney General (represented by Mr Timothy Brenton QC)
Jurisdiction
England and Wales
Judgment Date
24 July 1998
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application for judicial review granted. Decision to distrain declared unlawful and invalid.
Legal Topics
Statutory Interpretation, Harbour Authority Powers, Distress for Non Payment, Mooring Charges, Ship Dues
Administrative Law Maritime Law Statutory Interpretation Harbour Authority Powers Distress for Non Payment Mooring Charges Ship Dues

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Parties

Mrs Prankerd

Applicant

Carrick District Council

Respondent

Attorney General (represented by Mr Timothy Brenton QC)

Amicus Curiae

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a harbour authority has statutory power to distrain for non-payment of mooring charges in respect of a private yacht
  2. 2 Whether the yacht 'Winnie Rigg' was a ship 'used in navigation' under the relevant statutes
  3. 3 Whether mooring charges constitute 'ship dues' under the Harbours Act 1964

Ratio Decidendi

Mooring charges do not constitute 'ship dues' within the meaning of the Harbours Act 1964, and therefore the Respondent had no statutory power to distrain upon the Applicant's yacht for non-payment of such charges. The statutory power of distress is limited to non-payment of ship dues as defined, and does not extend to ancillary charges such as mooring fees.

Court Disposition

Application for judicial review granted. Decision to distrain declared unlawful and invalid.

Orders

  • Declaration that Respondent had no right to distrain on 'Winnie Rigg' for mooring charges and that the decision to do so was unlawful and invalid.
  • Applicant awarded costs of the proceedings except for the costs of the adjournment on 2nd April 1998, which Applicant must pay to Respondent.