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BW wins case against ‘continuous moorers’

British Waterways believes it can finally crack down more strictly on those who abuse continuous cruising rules, after gaining a judgment in its favour in the High Court.  

Nick Brown, legal officer of the National Bargee Travellers Association, had applied for a judicial review of BW’s new ‘Guidance for boaters without a home mooring’. This was issued last year after their previous ‘Mooring guidance for continuous cruisers’ was criticised by a judge in an earlier case.  

Nick Brown had argued that even the new guidance was contrary to waterways law and was in breach of the Human Rights Act and Equality Act.

However, in the High Court on 9th May, Mr Justice Eder turned down his application, saying that ‘it does not give rise to any properly arguable basis for judicial review.’ 

The judge decided that British Waterways' new rules are now consistent with the British Waterways Act 1995, and that it was ‘misconceived’ that the guidance represents a breach of the Human Rights Act or Equality Act. 

Nick Brown is now faced with paying BW’s costs, estimated at £15,000.

“Revisions to ‘Mooring Guidance for Continuous Cruisers’ were made in 2011 following the earlier judgement in the BW v Davies case”, said  a BW spokesman. “We had consulted with a user group of representatives from national boating organisations – including Mr Brown – on revisions to the guidelines in light of the judgement. 

“The refined and updated guidelines are now called ‘Guidance for Boaters without a Home Mooring’.”

Wednesday 23 May  | Andrew Denny  | 4.58pm, Wednesday 23 May 2012

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