Posts Tagged ‘Paul Davies’

Minimum distance for cc’ers is unlawful according to Section 8 judgement

Sunday, December 14th, 2014

Usually when CRT wins a Section 8 case it publishes the judgement (if there is one) on its web site. However, it made an exception in the case it won against Geoffrey Mayers, the reason being that this judgement confirms that it would be unlawful for CRT to set a minimum distance that continuous cruisers must travel to comply with the law. The Judge also stated that a boat with a home mooring does not have to actually use its mooring, something else that CRT would prefer us not to know about.

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CRT releases second report on K&A Local Plan as enforcement staff re-write Local Plan on the hoof

Sunday, November 23rd, 2014

On 11th November CRT published the second of four planned three-monthly reports on the K&A Interim 12-month Local Plan.

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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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Enforcer tells boater how far is far enough

Saturday, July 20th, 2013

An enforcement officer on the Grand Union Canal recently emailed a boater without a home mooring telling them how far they should travel in order to comply with s.17 3 c ii of the 1995 British Waterways Act. He said “… if your craft is seen to be travelling in excess of 17km, moving from place to place every 14 days (unless local restrictions apply) turning around to genuinely cruise in the opposite direction there should be no issues”.

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Overstay charges: BW asks “WILL people pay?”

Wednesday, May 30th, 2012

BW’s Boating Projects report for May 2011 shows that BW is unsure whether people will pay overstaying charges. When Head of Boating Sally Ash reported on the progress of BW’s trial of “Extended stay charging” on the visitor moorings at Thrupp, she wrote: “Pertinent questions: WILL people pay? Are they more likely to pay if we offer pay-by-mobile”. This uncertainty demonstrates that the entire system of overstaying charges is nothing more than smoke and mirrors.

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BW blocks FOI request about continuous cruising case law

Monday, October 17th, 2011

BW claimed in its reply to the River Lea mooring plan consultation responses that it had case law to support its statement that its draconian proposals for mooring restrictions did not threaten boat dwellers’ human rights. Boater Simon Robbins made a Freedom of Information request to BW in September asking for copies of the relevant judgements. BW refused Simon’s FOI request. You can read the correspondence here.

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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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Legal wanderings down the bramble strewn pathways

Thursday, October 13th, 2011

Christopher Stoner make much use of a case Moore vs British Waterways Board to define their view of ‘bona-fide for navigation’.

We notice that this case is now in the process of appeal;

link here

And so should add an interesting twist or two.

New Guidance for Continuous Cruisers published

Thursday, October 13th, 2011

BW have recently amended their Guidance for Continuous Cruisers

Announced here

and published here

BW’s covering statement in the press release;

“The existing 2004 ‘mooring guidance for continuous cruisers’ has been refined to be more easily understood and to reflect the Judgment in the case of British Waterways v Davies, in which the Court found that moving up and down within a 10 mile stretch of the Kennet & Avon Canal with no home mooring did not amount to bona fide navigation.”

Seems to be a malicious, though not unexpected, rewriting of Judge O’Malley’s judgement which specifically states that this is not the case.

BW in Private Eye spotlight again

Wednesday, October 5th, 2011

BW came under the scrutiny of Private Eye again on 6 September with another article detailing threats of homelessness and harassment of liveaboard boaters. Here is a copy of  the article ‘Barged Aside’ in which BW is accused of being “totally uncharitable”.

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