Moore v British Waterways Board

Moore v British Waterways Board

On the agreed facts, the claimant was not committing any actionable wrong at common law or under statute by mooring his vessels alongside the bank he possessed; therefore, the British Waterways Board had no statutory power under s.8 of the British Waterways Act 1983 to require removal, as the mooring was not 'without lawful authority'.

Parties
Appellant: Nigel Moore; Respondent: British Waterways Board
Jurisdiction
England and Wales
Judgment Date
14 February 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Riparian Rights, Public Right of Navigation, Statutory Authority, Mooring Rights, Trespass, Legitimate Expectation
Property Law Administrative Law Riparian Rights Public Right of Navigation Statutory Authority Mooring Rights Trespass Legitimate Expectation

Case Brief

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Parties

Nigel Moore

Appellant

British Waterways Board

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a riparian owner has a right to permanently moor vessels alongside riparian land without statutory authority
  2. 2 Whether the British Waterways Board had statutory power under s.8 of the British Waterways Act 1983 to require removal of vessels moored without its permission
  3. 3 Whether the absence of a positive riparian right to moor permanently constitutes an actionable wrong justifying removal

Ratio Decidendi

On the agreed facts, the claimant was not committing any actionable wrong at common law or under statute by mooring his vessels alongside the bank he possessed; therefore, the British Waterways Board had no statutory power under s.8 of the British Waterways Act 1983 to require removal, as the mooring was not 'without lawful authority'.

Court Disposition

Appeal allowed

Orders

  • Section 8 notices served by British Waterways Board declared invalid as to the claimant's vessels on the relevant stretch of the Grand Union Canal.
  • British Waterways Board has no power to require removal of vessels moored lawfully by the claimant on the agreed facts.