Jones v Canal & River Trust [2017] EWCA Civ 135

The claim by Canal & River Trust (CRT) in this action is for a declaration and injunction that it is entitled to remove the Appellant’s boat, “The Mrs T”, from its waterways ( covering over 2,000 miles) under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971.

Canal and River Trust v Geoffrey Douglas Mayers Chester County Court 22 November 2013 HHJ Halbert

The delay in reporting this case is due to the fact that it has only recently been publicised and we thank the National Bargee Travellers Association for bringing this case to the attention of the boating community.

An action for an injunction was taken against Mr Mayers on the basis that he did not have a home mooring and that he was not using his boat “bona fide for navigation”.

British Waterways Board -v- Ward Bristol County Court, 2 December 2012 HHJ Denyer

Mr Ward is a boatdweller who was resorting to the Kennet & Avon Canal. He failed to pay his licence by 31 January 2010 and the British Waterways Board (BWB) sought payment of the licence plus a late payment charge. On Mr Ward’s continued failure to pay, they then took action against him under section 8 of the British Waterways Act 1983 to seek removal of the boat from the waterways under their control.

Moore – v – British Waterways Board [2013] EWCA Civ 73, 7th February 2013

Mr Moore owned several vessels (including one which he occupied as his home) moored long term on the tidal part of the Grand Union Canal, adjacent to his riparian land (i.e. the owner of land next to a river bank).  BWB gave notice that the vessels were moored “without lawful authority” and required that Mr Moore remove them.