Rowland v The Environment Agency [2002] EWHC 2785 (Ch) (19 December 2002)

Rowland v The Environment Agency [2002] EWHC 2785 (Ch) (19 December 2002)

Public rights of navigation over Hedsor Water have not been extinguished by statute, agreement, conduct, or legitimate expectation; only express statutory authority can extinguish such rights, and neither the Thames Preservation Act 1885 nor subsequent legislation nor the conduct of the navigation authorities nor the Human Rights Act provides such authority.

Citation
[2002] EWHC 2785 (Ch)
Parties
Claimant: Josie Rowland; Defendant: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
19 December 2002
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Claim dismissed; declarations granted in favour of the defendant.
Legal Topics
Public Rights of Navigation, Riparian Rights, Legitimate Expectation, Statutory Interpretation, Human Rights Act, River Thames Navigation
Property Law Public Law Administrative Law Public Rights of Navigation Riparian Rights Legitimate Expectation Statutory Interpretation Human Rights Act +1 more

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Parties

Josie Rowland

Claimant

The Environment Agency

Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether public rights of navigation (PRN) over Hedsor Water have been extinguished or remain exercisable
  2. 2 Whether the doctrine of legitimate expectation or the Human Rights Act entitles the claimant to exclusion of PRN or other relief

Ratio Decidendi

Public rights of navigation over Hedsor Water have not been extinguished by statute, agreement, conduct, or legitimate expectation; only express statutory authority can extinguish such rights, and neither the Thames Preservation Act 1885 nor subsequent legislation nor the conduct of the navigation authorities nor the Human Rights Act provides such authority.

Court Disposition

Claim dismissed; declarations granted in favour of the defendant.

Orders

  • Declaration that Hedsor Water remains subject to public rights of navigation.
  • Declaration that the Environment Agency is entitled to perform its statutory functions with respect to Hedsor Water.