The Royal Borough of Kingston-Upon-Thames v Warwick Salzer & Anor

The Royal Borough of Kingston-Upon-Thames v Warwick Salzer & Anor

The Claimant is entitled to a final injunction restraining the Defendants from mooring vessels in contravention of the council's published mooring policy, as the council has possession and control of the relevant land and moorings, statutory and contractual authority to enforce, and no valid defence of acquiescence, adverse possession, or breach of Article 8 ECHR is established.

Parties
Claimant: The Royal Borough of Kingston-upon-Thames; Defendant: Warwick Salzer; Defendant: Thames Boat Charters Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Civil / Final Judgment on Application for Prohibitory and Mandatory Injunction
Outcome
Injunction granted
Legal Topics
Trespass, Mooring Rights, Injunctions, Article 8 ECHR, Adverse Possession, Acquiescence
Property Law Local Government Law Human Rights Law Trespass Mooring Rights Injunctions Article 8 ECHR Adverse Possession +1 more

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Parties

The Royal Borough of Kingston-upon-Thames

Claimant

Warwick Salzer

Defendant

Thames Boat Charters Limited

Defendant

Procedural Posture

Civil / Final Judgment on Application for Prohibitory and Mandatory Injunction

Legal Issues

  1. 1 Whether the defendants' mooring constitutes trespass on council-controlled land
  2. 2 Whether the council has authority to enforce mooring restrictions and seek injunction
  3. 3 Whether Article 8 ECHR is engaged by the injunction sought

Ratio Decidendi

The Claimant is entitled to a final injunction restraining the Defendants from mooring vessels in contravention of the council's published mooring policy, as the council has possession and control of the relevant land and moorings, statutory and contractual authority to enforce, and no valid defence of acquiescence, adverse possession, or breach of Article 8 ECHR is established.

Court Disposition

Injunction granted

Orders

  • Defendants prohibited from mooring vessels on council-controlled river frontage except in accordance with council mooring policy or with permission.
  • Defendants must remove vessels currently moored to council land within 28 days.