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 that his rights were ancillary to his ownership of the riparian land.
Held: The substantial issues were for trial, but a costs order had been made against which the claimant appealed. To the extent that the claimant’s point had been taken, the costs order was varied.
Judges:
Mummery LJ, Arden LJ, Elias LJ
Citations:
[2010] EWCA Civ 42
Links:
Statutes:
Grand Junction Canal Company Act 17, British Waterways Act 1983 8
Jurisdiction:
England and Wales
Citing:
Appeal from – Moore v British Waterways Board ChD 12-Mar-2009
. .
Cited by:
See Also – 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.
Transport, Land
Updated: 13 August 2022; Ref: scu.396598
