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 to moor vessels permanently, that did not make the mooring unlawful within section 8 of the 1983 Act so as to allow a direction for their removal.
Judges:
Mummery, Jackson, Lewison LJJ
Citations:
[2013] EWCA Civ 73, [2013] 2 P andCR 7, [2013] 1 Ch 488, [2013] 3 All ER 142, [2013] WLR(D) 59, [2013] 3 WLR 43
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Moore v British Waterways Board ChD 10-Feb-2012
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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 14 November 2022; Ref: scu.470968
