Re: Crown Estates Commissioners
The current interest in moorings arises from the Ipswich/ Court of Appeal case in 2001.
In that case the RYA supported the mooring owners in their successful stand against the Ipswich Borough Councils rent demands. (Our legal fees were 50k). Out of that, the RYA is now advising a number of affiliated clubs that are starting to challenge their landlord's right to charge rent where the harbour authority has already charged a licence fee (this was the nub of the Ipswich decision...no double charging).
On the wider point now being debated, (Particularly in Sailing Today) as to whether mooring is part of the public right of free navigation and free anchoring (subject only to harbour dues), we are waiting for a suitable test case to provide technical and research support. This would probably involve fighting the Crown Estate Commissioners to the House of Lords, with total legal costs of 200k (loser pays). Ideally a legally aided litigant with no assets that can be seized in case of failure...any volunteers?
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