The National Bargee Travellers Association has dropped judicial review proceedings against the Canal & River Trust.

Last year, Nick Brown, legal officer for the National Bargee Travellers Association, was granted leave by Lord Justice Jackson to proceed with a judicial review, on whether the Canal & River Trust’s guidance on the obligations of boaters without home moorings, where non-compliance can result in removal of the boat, accurately reflected the requirements of the British Waterways Act 1995.

Brown yesterday discontinued his action. He said: “During the hearing it became apparent that this case could not after all decide on the lawfulness of the guidance because I am not facing any enforcement action myself. Therefore the case should not continue.”

Brown added: “The arguments presented by my legal team will be of assistance to boaters who are subject to enforcement action.” He was represented by Chris Johnson of Community Law Partnership and Martin Westgate QC.

The presiding judge Mr Justice Lewis stated:  “The court has warned against abstract actions and needs a proper factual matrix to assess cases... In the light of that there is very little purpose to this hearing as it would not resolve anything.

"Canal & River Trust would prefer, as a responsible public body, to have a judgment that would allow it to discharge its duties in the right way but any judgment that I could give would be very little use on the ground.”

A Canal & River Trust spokeswoman said that substantial costs, to be paid by Brown, were awarded to the charity. 

She added: "The Trust’s legal team has always viewed this claim as misconceived and confirms that the guidance remains valid and applicable for boaters without a home mooring."