The Law

Where it is written

Judicial review of mooring guidance to go ahead

Wednesday, July 24th, 2013

The Court of Appeal yesterday (23 July) granted permission to Nick Brown for a Judicial Review of the Canal & River Trust’s (CRT) 2011 Guidance for Boaters Without a Home Mooring.

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Why Roving Mooring Permits are unlawful

Tuesday, July 16th, 2013

Boaters without home moorings on the southern Grand Union Canal are being offered Roving Mooring Permits by CRT. Boaters are being offered a way out of the enforcement process that means paying a substantial extra fee (£800 per year for a 60 foot boat) to do what s.17(3)(c)(ii) of the British Waterways Act 1995 already permits them to do.

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No return to old battles

Friday, July 12th, 2013

Well, we’ve published this under ‘Law’. Thing is, it’s not.

No person shall moor or leave a vessel in contravention of a notice prominently displayed by the board in or beside any inland waterway

(a) prohibiting the mooring of all vessels, or of vessels other than the kind of vessel or vessels specified in the notice, on any part of the inland waterway so specified; or
(b) making requirements as to the manner in which vessels are to be moored in the part of the inland waterway so specified and (without prejudice to the generality of the foregoing) the means by which vessels are to be fastened or secured; or
(c) specifying the maximum period, hours of the day or night, or days of the week, during which mooring (whether of all vessels, or of vessels of a kind or kinds specified in the notice) is permitted or prohibited, as the case may be.

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Legal Aid is still available for liveaboards threatened with homelessness

Friday, July 5th, 2013

As a result of the Legal Aid, Sentencing  and Punishment of Offenders Act 2012 (LASPO), there have been some changes to the availability of Legal Aid. From 1 April 2013 Legal Aid is no longer available for debt problems or benefits problems.

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Boat burglaries: police patrol the towpath

Thursday, March 14th, 2013

Following the spate of thefts from boats in the past two weeks, police are patrolling the towpath after dark. They are calling on occupied boats to warn boaters, and also stopping and searching people on the towpath.

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SE Visitor Mooring Consultation example response

Monday, February 25th, 2013

The CRT South East visitor mooring consultation ends this Friday 1st March. Please respond if you can. Below we publish an example response to the consultation, apart from comments on individual locations.

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CRT lose Section 8 case after 6-year court battle

Thursday, February 14th, 2013

We have just received the following press release from Nigel Moore, who has won his case on appeal:

“They used to boast that they had never lost a Section 8 case, but the Canal & River Trust now have suffered a significant setback with regard to the extent of their claimed powers over boaters.

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CRT concedes that a minimum distance is unlawful

Sunday, January 13th, 2013

CRT has conceded that it cannot lawfully specify a minimum distance that boaters without home moorings must travel in order to comply with Section 17 3 c ii of the 1995 British Waterways Act.

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Liveaboards fight on for justice

Thursday, November 22nd, 2012

Itinerant live-aboard boaters are carrying on their legal challenge of the Canal & River Trust’s unlawful harassment of boat dwellers without home moorings.

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New Waterways Ombudsman

Saturday, October 27th, 2012

The current Waterways Ombudsman, Hilary Bainbridge, will step down at the end of this month. A new Ombudsman has been appointed who will start work on 1st November 2012.

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