Posts Tagged ‘bona fide navigation’

K&A boater wins Article 8 case against CRT in Court of Appeal in landmark judgement for boat dwellers

Wednesday, March 8th, 2017

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:

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‘Places’ maps look like history

Sunday, October 4th, 2015

We have been party to four pieces of information that suggest very strongly that CRT will not go ahead with its ‘places’ maps that it first proposed in August 2014.

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Section 8 cases stayed pending appeal

Wednesday, June 10th, 2015

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.

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CRT set minimum distance – without telling us what it is

Saturday, February 14th, 2015

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.

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The court transcript CRT doesn’t want you to read

Saturday, May 24th, 2014

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.

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Judicial review of mooring guidance discontinued – outcome “very little use” to CRT

Friday, February 21st, 2014

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”.

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CRT web site misleads the public again about continuous cruising

Tuesday, January 14th, 2014

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.

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Parry to personally scrutinise every decision to take a boater to court

Monday, December 9th, 2013

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.

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CRT web site misleads continuous cruisers

Sunday, November 17th, 2013

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”.

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K&A mooring consultation: only three weeks until deadline

Tuesday, November 5th, 2013

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.

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