Environment Agency Wins Civil Trespass Case Against Persistent Mooring Offenders
In a significant legal victory, the Environment Agency has prevailed in civil trespass proceedings against ten boat-owners who have unlawfully occupied mooring spaces along the River Thames at West Molesey for several years. The agency’s successful pursuit highlights its commitment to upholding public rights of navigation and fair access to mooring spots for all river users.
Mooring along the River Thames is subject to specific regulations, allowing boats to dock for short periods, typically no longer than 24 hours, to ensure equitable access for all river users. However, a subset of boat-owners has been flouting these rules, overstaying their welcome for extended periods and depriving others of the opportunity to moor in these designated areas.
Joe Cuthbertson, a manager at the Environment Agency, emphasized the importance of protecting public rights and ensuring fair access to river resources. He stated, “As the navigation authority for the River Thames, we took this case to court to protect and ensure the public rights of navigation and mooring for everyone.” Cuthbertson underscored that the legal action was a last resort after numerous attempts to persuade the offending boat-owners to vacate the moorings voluntarily.
Despite ongoing efforts by the Environment Agency to resolve the matter amicably, the persistent refusal of the boat-owners to comply necessitated legal intervention. The recent court ruling confirmed the agency’s claims, emphasizing the principle that no individual should abuse mooring rights to the detriment of others.
While the court decision does not preclude boat-owners from utilizing the riverbank for mooring purposes, it reinforces the obligation to adhere to established regulations and respect the rights of fellow river users. The ruling underscores the broader considerations that individuals should contemplate before choosing to live on a boat.
Background investigations revealed that the disputed moorings were situated downstream of Sunbury Lock, where the Environment Agency issued notices to unauthorized boat-owners in autumn 2022. Subsequent legal proceedings commenced on March 21, 2023, culminating in a possession hearing from October 30 to November 1, 2023. The judge’s written judgment on March 8, 2024, confirmed the Environment Agency’s entitlement to seek possession orders against the trespassing vessels.
A follow-up hearing is scheduled before July 31, 2024, to finalize the extent of the possession order and address any potential appeals from the defendants. The ruling reaffirms the Environment Agency’s resolve to uphold regulations and safeguard public interests in river navigation and mooring rights.
