Issue date: 1st June 2012
The Honourable Mr Justice Eder in the High Court of Justice, issued a Judgement dated 9th May 2012, refusing permission for a Judicial Review of BW’s guidance for boaters without a home mooring.
As well as noting that the application from Nick Brown of the National Bargee Travellers Association was out of time, Mr Justice Eder refused permission on the grounds that ‘it does not give rise to any properly arguable basis for judicial review.’
The application for judicial review asserted that BW’s ‘Guidance for Boaters without a Home Mooring’, issued in 2011, was contrary to waterways law and was in breach of the Human Rights Act and Equality Act.
After considering the application Mr Justice Eder decided that BW’s guidance is consistent with the British Waterways Act 1995. He also stated that the assertions within the application, that the guidance represents a breach of both the Human Rights Act and Equality Act, were ‘misconceived’.
Revisions to BW’s ‘Mooring Guidance for Continuous Cruisers’ were made in 2011 following the Judgment in the BW v Davies case. BW consulted with a user group comprising of representatives from national boating organisations, including Mr Brown, on revisions to the guidelines in light of the Judgment. The refined and updated guidelines are now called ‘Guidance for Boaters without a Home Mooring’.
In refusing the application Mr Justice Eder also ordered Mr Brown to pay BW costs of £15,000.
See more information on BW mooring guidelines