BW infringes human rights

A COURT case held in early November has established that British Waterways infringed a boaters human rights.

Whilst a final sealed judgement is still awaited in the case Moore vs British Waterways in the High Court of Justice Chancery Division, the Honourable Mr Justice Hildyard has found that Mr Moore's rights under Article 8 of the Human Rights Act had been infringed.

Section 8

Section 8(2) of the 1983 British Waterways Act allows British Waterways to remove a boat moored without 'lawful authority' (e.g. without a licence) after giving not less than 28 days notice to the owner.

The court found that, in serving section 8 notices, British Waterways Board failed to abide by its own procedures, and was in breach of legitimate expectations held by Mr Moore that, in exercising a power admitted by British Waterways Board to be draconian, and to be used only as a last resort, British Waterways Board would abide by such procedures.

Article 8

Article 8 of the Human Rights Act states: 'Everyone has the right to respect for his private and family life, his home and his correspondence.'

Also: 'There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others'.

No right to moor

Although the court found that boats in the tidal part of the Grand Union Canal did not need a licence to navigate, perversely it found that Mr Moore, a riparian land owner, has no right to moor against his own land without being in possession of a houseboat licence.

It is understood, that Mr Moore will appeal.

Bad timing

It is thought that this judgement, particularly the admission by British Waterways that it has 'draconian' powers, comes at a bad time as the transition order for the Canal & River Trust will shortly be subject to parliamentary scrutiny.