Navigating or not?

Some of the comments about the CaRT v Mayers judgement (CaRT's CC rules are unlawful) seem at odds with what the judge actually said in his judgement, writes John Kelly.

In paragraph 7.23.2 he says "...If a boat were moved 500 metres within the parish of Anderton it would in my view be in the same place. If it were moved to Northwich, over two miles away, it would not." This clearly implies that distance is relevant; the judge thinks 500 metres is not far enough, but two miles would, in his view, satisfy the requirements.

Not navigating

However he then further states in paragraph 7.25 "...If he (the boater) did have a genuine reason for each movement it might well be 'navigating'.... If in reality he wanted to stay in the same 'place' and was just moving aimlessly to avoid the 14 day requirement, it would not." The judge therefore seems to think that if the only reason for a pattern of movement is to avoid falling foul of the '14 day rule', but the intention of the journey or journeys is to stay in the same place then the boater is not actually navigating.

Taking the two points together the judge is saying that not only is the distance travelled important, but also the reason for the journey. If the only purpose of the journey is to avoid the '14 day requirement' and still stay in the same place then the boater, according to the judge, would not be navigating and would therefore be in breach of the terms of their licence.

CaRT won

I don't think the judge's comments clarify the current position at all and if anything actually ‘muddy the waters' by introducing the concept of what was the boaters real intention when moving from point A to point B. I can see lawyers rubbing their hands with glee at the amount of fees they will earn arguing the finer points of that.

Whatever interpretation is put on the judge's ruling it is still the case that CaRT won and Mr Mayers was adjudged not to have abided by the terms of his licence.

Paragraph 12.1 "It follows that CaRT are entitled to judgement and to the relief they seek."

[The contents of our CaRT's CC rules are unlawful was a Press Release from the National Bargee Travellers Association, and of course stipulated its own interpretation.]