Hearings
England & Wales
24 Jul 2017 [2017] EWHC 1874 (Ch); [2018] 1 WLR 249; [2017] WLR (D) 510, Ch D (Asplin J)
24 Jul 2017 [2017] EWHC 1874 (Ch); [2018] 1 WLR 249; [2017] WLR (D) 510, Ch D (Asplin J)
RIVER — Statutory navigational authority — Extent of powers — Claimant mooring pleasure boat on river — No pleasure boat certificate in force in respect of boat — Authority removing boat and agreeing to release on payment of removal and storage charges and licence fee arrears — Whether boat moored on “main navigable channel” so as to require certificate — Whether unlawfully moored — Whether removal of boat breach of claimant’s Convention right to peaceful enjoyment of his possessions — Whether removal of boat and its release on payment of fees constituting levying of unlawful distress — British Waterways Act 1971 (c xviii), ss 4, 5 — British Waterways Act 1983 (c ii), s 8 — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1
[2017] EWHC 1874 (Ch); [2018] 1 WLR 249; [2017] WLR (D) 510, Ch D
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