Posts Tagged ‘bona fide navigation’

Were you living on the canals on 25 October 1994 without a mooring?

Saturday, October 29th, 2011

If you were living on your boat on BW waterways on or before 25 October 1994, you may be protected from enforcement action by an Undertaking which BW made to Parliament during the passage of the 1995 British Waterways Act through Parliament.

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Legal challenge to revised mooring guidance expected

Tuesday, October 18th, 2011

A legal challenge to BW’s revised Mooring Guidance for Continuous Cruisers is expected after BW rejected a “letter before claim” from boater Nick Brown. It is likely that Mr Brown will issue Judicial Review proceedings on the grounds that the revised guidance is ultra vires, in other words BW does not have the legal power to enforce it, and that it does not reflect the meaning intended by Parliament of Section 17 3 c ii of the 1995 British Waterways Act.

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Our take on BW’s revised Guidance

Friday, October 14th, 2011

BW’s revised Guidance for Boaters Without a Home Mooring follows a meeting with user groups on 23 June. BW has stated that there will be no further consultation or review of this guidance. Guidance for Boaters Without a Home Mooring differs from the draft revision published by BW in April following the judgement in the BW v Davies case.

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Boaters featured in ITV news and Private Eye

Friday, August 5th, 2011

BW’s unlawful actions towards liveaboard boaters were held up to the media spotlight again by ITV on 24 June in The West Country Tonight. You can watch this on

http://www.itv.com/westcountry-east/fear-for-boat-dwellers43456/

On 22 July, BW got the Private Eye treatment in an article alerting readers to the dangers of transferring existing enforcement powers such as forcible entry, search and seizure to an unaccountable private body such as the New Waterways Charity.

You can read the Private Eye article here Waterways Power Surge

BW Director denies wishing to enforce like Mussolini

Friday, July 22nd, 2011

User groups met BW’s Legal Director Nigel Johnson on 23 June to discuss changes to the Mooring Guidance for Continuous Cruisers following the BW v Paul Davies judgement. NABO, RBOA and the National Bargee Travellers Association (NBTA) were present, as were user groups like the IWA and British Marine Federation that favour BW’s attitude to continuous cruisers. BW Head of Enforcement Denise Yelland and Head of Boating Sally Ash were also present.

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Paul Davies Solicitor issues news release

Friday, June 17th, 2011

Stone King, the solicitor who represented Paul Davies, has issued the news release below on its web site.

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Deadline June 30th to respond to BW charity consultation!

Sunday, June 12th, 2011

The DEFRA consultation on moving BW to charity status ends on 30 June. Please respond giving your views on whether BW is fit to become a charity. The responses will be considered when the Ministerial Order for the Statutory Transfer of BW to a charity goes through Parliament. It’s extremely important that all the issues get onto the table in the DEFRA consultation as there won’t be another consultation.

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Watch out for The One Show, BBC, 9 June

Tuesday, June 7th, 2011

Boaters on the K and A were interviewed by BBC’s The One Show recently. The interview is due to be broadcast on BBC1 on Thursday 9 June at 7pm.

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Bona fide Insights

Wednesday, May 18th, 2011

A Letter from Simon Greer in this month’s NABO News give some insights into the workings of the committee reviewed BWs proposals for the 1995 Waterways Act

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BW v Davies sealed judgement

Tuesday, May 17th, 2011

The sealed judgement in BW v Paul Davies is now available as a public document.

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