Skip to content
Hendersons - Barristers' Chambers
Articles Property 10th Apr 2017

Clarity cut adrift: Human rights arguments triable in mooring cases

Judgment has been handed down by the Court of Appeal in Jones v Canal & River Trust (2017) EWCA Civ 135. The case concerned a claim brought by the Canal and River Trust (‘the C&RT’) to remove Mr Jones’ boat using its powers under the British Waterways Acts 1971 and 1983 (‘the Acts’) and for injunctive relief restraining him  from mooring, navigating or securing his boat on any of its waterways.

Mr Jones raised an Article 8 European Convention on Human Rights defence arguing, inter alia, that the C&RT had not carried out any or any adequate proportionality assessment. The county court at first instance struck out the Article 8 defence, a decision which the Court of Appeal has now overturned.

Read Elizabeth Tremayne’s alerter here.

Related Areas

Would you like to know more?

If you require help or advice please contact our clerking team

Call - +44 (0)20 7583 9020
or email our clerks

Shortlist close
Title Type CV

Remove All

Download


Click here to email this list.