A company was authorised by Order to construct a pier and to charge vessels for mooring. It did so but went into liquidation. The assignee from the liquidator discovered that the pier had not been constructed as ordered. It leased the pier to the defendants who then required an annual fee from the plaintiffs if they were to be allowed to moor. The plaintiffs sought an injunction to restrain this requirement, denying the defendants’ title. An interim agreement was reached on condition of payment. The plaintiff now said these payments had been made under protest and sought repayment.
Held: The injunction was refused. Not having been constructed in accordance with the Order, the pier was a nuisance from which neither party had statutory rights. The sums paid were not repayable since the pier remained private property.
The verb ‘to moor’ has no technical meaning in law. A vessel which simply tied up temporarily to the pier in order to allow passengers to disembark and to embark was not ‘moored’ within the meaning of the order.
Citations:
[1908] 99 LT 863, [1908] 2 Ch 460, [1908] 77 LJ Ch 658, [1908] 72 JP 385, [1908] 24 TLR 712
Jurisdiction:
England and Wales
Cited by:
Cited – Regina on the Application of Dart Harbour and Navigation Authority v the Secretary of State for Transport Local Government and the Regions QBD 26-Jun-2003
Captain Wyatt owned land near the harbour and wanted to moor his boat by it. The Harbour authority said he needed a licence. The Harbour authority requested him to move the boat as a danger to navigation. The Captain sought a judicial review of the . .
Appeal from – Liverpool and North Wales SS Co Ltd v Mersey Trading Co CA 1909
Affirmed. . .
Cited – Bournemouth-Swanage Motor Road and Ferry Co v Harvey and Sons (No 2) CA 2-Jan-1929
The Company had constructed a jetty under powers granted by a private Act of Parliament. It asserted a claim to own the subsoil.
Held: It did so own the sub-soil and had the right under the statute to control who used the jetty. . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 29 April 2022; Ref: scu.188215
