R (Brown) v Canal & River Trust

The Administrative Court has dismissed a judicial review challenge to the “Guidance for Boaters Without a Home Mooring” published by the Canal & River Trust (CRT).

The claim raised the issue of whether waterways owned or managed by the CRT can be used without having to comply with the terms and conditions set by the CRT and, specifically, without having to purchase a home mooring.

Mrs Justice Cox rejected the claimant’s contention that the Guidance misstates the correct legal interpretation of section 17(3) of the British Waterways Act 1995, which provides that a home mooring is not required provided that the CRT is satisfied that the vessel will be used bona fide for navigation without remaining continuously in any one place for more than 14 days or such longer period as is reasonable in the circumstances.

The Judge further rejected the claimant’s arguments that the CRT would breach his Article 8 ECHR rights by following the Guidance or that the CRT had been subject to the public sector equality duty when deciding to publish the Guidance.

The judgment is available at:
http://www.bailii.org/ew/cases/EWHC/Admin/2012/3133.html

Iain Steele acted for the CRT.