NATIONAL BARGEE TRAVELLERS ASSOCIATION
PRESS RELEASE 22nd February 2015
THE CONTINUOUS CRUISING CASE CRT COULDN’T WIN
The Canal and River Trust settled with a boater on a section eight case focusing on distance and kept the outcome confidential in a continuous cruising case last year, reports the NBTA.
The case of CRT v Wingfield (3NG01237) was heard by HHJ Pugsley in Chesterfield County Court on 3rd and 4th March 2014. The resulting court order included a confidentiality clause preventing anyone from disclosing the terms of the settlement.
Mr Wingfield normally travelled between Loughborough and Newark, two places 36 miles apart by water. On Christmas Eve 2012 he travelled to Nottingham and got trapped in floods on the River Trent for two months. This meant he was targeted by an enforcement officer, who terminated his boat licence, even though Section 17(3)(c)(ii) of the British Waterways Act 1995 allows stays of longer than 14 days when it is “reasonable in the circumstances”.
Nick Brown, Legal Officer of the National Bargee Travellers Association (NBTA) said “We believe that CRT settled with Mr Wingfield because they knew they could not win, given Mr Wingfield’s cruising distance and the fact his licence was terminated when he was trapped in floods”. He added “It is significant that the case was heard in full before CRT decided to settle. The Judge must have given a strong indication that CRT did not have a good case for terminating Mr Wingfield’s boat licence”.
Mr Wingfield discussed his past cruises, the 2012-2013 floods and the enforcement action on Facebook and other forums in early 2013. Boaters advised him to contact the NBTA, who referred him to a solicitor.
A letter from Nottingham County Court to the NBTA on 18th June 2014 stated “The Order of 4th March does specifically say that settlement was reached by the parties and that a copy of the settlement shall not be released to anyone other than the solicitors for the parties”. Normally CRT publishes the court orders it obtains in Section 8 cases on its web site here https://canalrivertrust.org.uk/publication-scheme/publication-scheme/court-action-to-remove-boats-from-our-waterways
NOTES FOR EDITORS
- For more information contact the NBTA, email@example.com or 0118 321 4128
- The NBTA is a volunteer organisation that campaigns and provides advice for itinerant boat dwellers on the UK’s inland and coastal waters.
- Boats can be licensed to use Canal & River Trust’s waterways without a permanent mooring under Section 17(3)(c)(ii) of the British Waterways Act 1995. This section states:
(ii) the applicant for the relevant consent satisfies the Board that the vessel to which the application relates will be used bona fide for navigation throughout the period for which the consent is valid without remaining continuously in any one place for more than 14 days or such longer period as is reasonable in the circumstances.
- The case was transferred from Nottingham County Court to Chesterfield County Court due to pressures on Court time.