The claimant resisted an attempt by the respondent to enforce the removal of his four vessels on a stretch of the Grand Union Canal at Brentford. He was the riparian owner, but did not own any part of the bed. Held: His appeal was allowed. Although at common law he would not have a right … Continue reading Moore v British Waterways Board: CA 14 Feb 2013
The claimant said that the defendant did not have the powers it claimed in serving notices requiring him to remove boats from a section of the Grand Union Canal. Held: The respondent did have the power under section 8 of the 1983 Act. As a riparian owner, but having no interest in the bed of … Continue reading Moore v British Waterways Board: ChD 10 Feb 2012
The claimant sought the right to moor his houseboats on the Grand Union Canal, a waterway regulated by the defendant who issued licences. The claimant said that rights granted under the 1793 Act survived the new scheme. The defendant said that a public right to navigation would not include a mooring right. The claimant said … Continue reading Moore v British Waterways Board: CA 5 Feb 2010
Citations: [2009] EWHC B12 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Moore v British Waterways Board CA 5-Feb-2010 The claimant sought the right to moor his houseboats on the Grand Union Canal, a waterway regulated by the defendant who issued licences. The claimant said that rights granted under the 1793 … Continue reading Moore v British Waterways Board: ChD 12 Mar 2009
Challenge to removal of boat from mooring Judges: Asplin DBE J Citations: [2017] EWHC 1874 (Ch) Links: Bailii Statutes: British Waterways Act 1983 8 Jurisdiction: England and Wales Transport Updated: 30 November 2022; Ref: scu.591245
The defendant boat owner appealed against an order requiring the removal of his boat from te hwaterway. He had a licence based upon a stated intention of genuine navigation, but had for a period of several months confined the boat with a 5km section. He appealed saying that the respondents had not considered the need … Continue reading Jones v Canal and River Trust: CA 7 Mar 2017
The council appealed against the inspector’s decision to grant permission to a construction company to build houses on land. The land had formerly been used as a school playing field and was now surplus to requirements. The Council wished to put the land to recreational uses. They said the inspector had failed to ask whether … Continue reading Christchurch Borough Council v Secretary of State for the Environment: CA 16 Dec 1993
Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880
Special Circumstances to appoint McKenzie Friend An application was made to have a nominated person appointed as McKenzie friend and as advocate for the claimant. The claimant’s narrow boat had been seized by the defendant for non payment of licence fees and for not having a Pleasure Boat Certificate. The Trust objected not to the … Continue reading Ravenscroft v Canal and River Trust: ChD 14 Sep 2016
