Clarity cut adrift: Human rights arguments triable in mooring cases – Henderson Chambers

Posted May 16th, 2017 in appeals, canals, human rights, news by sally

‘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.’

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Henderson Chambers, 10th April 2017