K&A boater Matthew Jones yesterday won his appeal against CRT’s attempt to strike out the Article 8 elements of his defence against eviction from CRT’s waterways under Section 8 of the British Waterways Act 1983. The case will now be remitted back to Bristol County Court where Mr Jones will be able to put his Article 8 arguments in full. Mr Jones’s solicitor Community Law Partnership writes:
Posts Tagged ‘bona fide navigation’
K&A boater wins Article 8 case against CRT in Court of Appeal in landmark judgement for boat dwellersWednesday, March 8th, 2017
Tags: Article 8, bona fide navigation, Community Law Partnership, continuous cruising, enforcement, human rights, liveaboards, Matthew Jones, Section 17, Section 8, traveller's rights, Travellers Advice Team, Waterways Act 1995
Posted in A-Featured Articles, News, The Law | No Comments »
If you have been served with a Section 8 and CRT is continuing court action against you, you need to make a request to the Court for your case to be stayed pending the result of the appeal in the case of CRT v Jones.
Tags: bona fide navigation, Community Law Partnership, continuous cruising, enforcement, liveaboards, Section 17, Section 8, traveller's rights, Travellers Advice Team, Waterways Act 1995
Posted in The Law | No Comments »
Yesterday CRT announced that from 1st May 2015 that it is extending its “new continuous cruiser” enforcement process to all boats licensed without a home mooring. It declared that it would refuse to renew the licences of the boats that have moved the least over their licence year unless they obtain a home mooring, and that boats that travel further but whose movement falls short of the movement required by Section 17 3 c ii of the British Waterways Act 1995 would only have their licences renewed for a short period and if their movement was still not considered adequate, they too would be forced to take a mooring or CRT would refuse to renew their licence. Yet CRT has not stated what it means by boats that move the least, and neither has it disclosed what distance it considers acceptable.
Tags: ACC, AWCC, bona fide navigation, continuous cruising, CRT v Mayers, enforcement, IWA, K&A Interim 12-month Local Plan, liveaboards, moorings, NABO, NBTA, Nigel Moore, RBOA, Section 17, Waterways Act 1995
Posted in A-Featured Articles, CRT Policy News | No Comments »
The National Bargee Travellers Association (NBTA) has recently published the transcript of hearing of the judicial review by Nick Brown of the Guidance for Boaters Without a Home Mooring on its web site. CRT claimed in response to a Freedom of Information request by Allan Richards that copyright issues prevent CRT from releasing the transcript to the public. This is misleading.
Nick Brown, claimant in the judicial review proceedings against Canal & River Trust (CRT) to decide whether the Guidance for Boaters Without a Home Mooring is lawful, discontinued the action on 19th February. He said “During the hearing it became apparent that this case could not after all decide on the lawfulness of the Guidance because I am not facing any enforcement action myself. Therefore the case should not continue”.
Sally Ash has posted a new article on CRT’s web site that seeks to discourage people from exercising the right to live on a boat without a home mooring that all CRT licence holders enjoy. “Spreading the word about the demands of living afloat” misinforms people, saying that the law does not allow them to “simply to move around within a small area” and blames continuous cruisers for spoiling everybody’s enjoyment of the waterways.
Tags: bona fide navigation, continuous cruising, CRT misinformation, CRT Navigation Advisory Group, Drifters Leisure Limited, hire boat companies, Sally Ash, Section 17, Waterways Act 1995
Posted in CRT Policy News, News | No Comments »
Three boaters spoke to Richard Parry, CRT’s Chief Executive, when he visited Crofton last Wednesday. One of the most significant things that they learnt was that Mr Parry will personally scrutinise every decision to take boaters to court from January.
A recently published page on the CRT web site makes misleading claims that it is impossible to comply with the law on continuous cruising if you have “fixed obligations, such as education, employment or healthcare, in any one area”. The article wrongly states that you cannot live on a boat without a home mooring if you stay in “one area” but “must use the boat to genuinely cruise in a mainly progressive fashion (A to B to C to D rather than A to B to A to B) from place to place”.
Responses to the consultation on the Towpath Mooring Plan for the K&A west of Devizes have to be in by 29th November. The proposals will affect all boaters using the K&A between Bath and Devizes. If you haven’t filled in a consultation questionnaire, please do so now. Below is an example consultation response with some explanatory notes to help you gather your thoughts.
Tags: 14 day rule, Bathampton Parish Council, bona fide navigation, continuous cruising, enforcement, liveaboards, Local Mooring Strategy, Moorings Consultation, Waterways Act 1995
Posted in Moorings Consultation, News | No Comments »