Jaqueline Casey & Ors v Environment Agency

Jaqueline Casey & Ors v Environment Agency

The Environment Agency, as owner of the riverbed, is entitled to possession proceedings against boat owners moored without permission; riparian rights do not confer permanent mooring; the possession order is proportionate and does not unlawfully interfere with navigation or Article 8 rights; no public law defence or procedural irregularity bars the claim.

Parties
Appellant/defendant: Mrs Jacqueline Casey; Appellant/defendant: Mr John Casey; Appellant/defendant: Mr Sergiu Sidei; Appellant/defendant: Mr Erion Gjika; Appellant/defendant: Mr Fatmir Kastrati; Appellant/defendant: Mrs Frances Laugenie; Appellant/defendant: Mr Stephen Cross; Respondent/claimant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
02 February 2026
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Possession Proceedings, Trespass, Riparian Rights, Public Right of Navigation, Duty of Candour, Proportionality, ECHR Article 8, Ultra Vires, Adverse Possession
Property Law Public Law Human Rights Possession Proceedings Trespass Riparian Rights Public Right of Navigation Duty of Candour +4 more

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Parties

Mrs Jacqueline Casey

Appellant/defendant

Mr John Casey

Appellant/defendant

Mr Sergiu Sidei

Appellant/defendant

Mr Erion Gjika

Appellant/defendant

Mr Fatmir Kastrati

Appellant/defendant

Mrs Frances Laugenie

Appellant/defendant

Mr Stephen Cross

Appellant/defendant

Environment Agency

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimant as owner of the riverbed can bring possession proceedings against boat owners moored above it
  2. 2 Whether riparian rights or licences entitle defendants to permanent mooring
  3. 3 Whether the possession order interferes with public navigation rights

Ratio Decidendi

The Environment Agency, as owner of the riverbed, is entitled to possession proceedings against boat owners moored without permission; riparian rights do not confer permanent mooring; the possession order is proportionate and does not unlawfully interfere with navigation or Article 8 rights; no public law defence or procedural irregularity bars the claim.

Court Disposition

appeal dismissed

Orders

  • Possession order upheld over specified areas of riverbed excluding areas occupied by licence or consent
  • Declaration that Environment Agency as riverbed owner may bring possession proceedings for trespass against vessel owners even if not owner of bank; defendants' rights limited to public right of navigation under s.79 Thames Conservancy Act 1932