Social Welfare Lawyers in the Centre of Birmingham

Boat Cases

Mead Lane Moorings

The Travellers’ Advice Team at CLP were instructed by a liveaboard boater who resorts to the River Avon and the Kennet and Avon Canal. She has what Canal & River Trust (CRT) describe as a ‘continuous cruising licence’ which means she has to move her boat ‘bona fide for navigation’ in terms of the British Waterways Act 1995. This means she cannot remain in the same place for more than 14 days apart from in exceptional circumstances.

Port of London Authority v Mendoza

PLA v Mendoza [2017] UKUT 146 (TCC), 24 November 2016.

The boat in question in this case was called the Wight Queen and was moored without engine or wheelhouse on the North bank of the Thames not far from Kew Bridge. It was owned and lived in by Mr Mendoza. On 16 November 2009 the Port of London Authority (PLA) applied to the Land Registry for first registration of its title to part of the bed and foreshore of the River Thames between Kew Bridge and Brentford Ait.

Canal and River Trust v Geoffrey Douglas Mayers

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

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

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.