CaRT's £100,000 court case

THE Canal & River Trust (CaRT) spent over £100,000 in legal fees to obtain a court order allowing it to seize a historic boat, writes Allan Richards.

The case is is one of just three 'continuous cruiser' cases concluded in the two years and nine months that CaRT has been in operation. In the other two cases the Trust failed to achieve its desired outcome.

Geoff Mayers

In the case of Geoff Mayers, CaRT spent £36,153.50 on solicitor's fees, £31,408.75 on counsel's fees and £33,246.69 on other legal costs. The total of just over £108,800 does not include CaRT's own internal staff costs (the Trust says it will provide these at a later date).

Whilst CaRT was successful in obtaining a court order allowing it to seize Perl, Mr Mayers Historic boat, none of these costs have been recovered.

It is also understood that CaRT has been unable to recover further significant costs arising from seizing, transporting, storing and selling the craft.

Andy Wingfield

In the case of Andy Wingfield, after a two days hearing the case was withdrawn without CaRT gaining approval to seize the boat. Legal costs (again excluding CaRT staff costs) totalled £38,400.

Again, none of these court costs have been recovered and CaRT is currently claiming that its 'secret agreement' with Mr Wingfield has been lost!

Tony Dunkley

The legal costs of proceeding against Tony Dunkley are less than the other two cases because the hearing did not take place. However, CaRT still managed to spend £16,500 and will have to gain the court's permission to take similar action against him in future.

Again, CaRT failed to recover any of its costs. Bizarrely, it incurred extra costs ensuring that Mr Dunkley was not awarded his costs!

Over £150,000

Despite all the bullying, threatening and posturing, it would appear that the Trust is remarkably unwilling, as a last resort, to take 'continuous cruisers' to court in order to seize boats.

Three cases, over £150,000 spent in legal fees, but only one 'win'.

... and yet, according to the Trust, thousands of boaters are not compliant with the law....