Rowland v Environment Agency (Record no. 71933)

MARC details
000 -LEADER
fixed length control field 02590cam a2200229 4500
001 - CONTROL NUMBER
control field X121051
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030117n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121051
245 ## - TITLE STATEMENT
Title Rowland v Environment Agency
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2003] 2 WLR 1233-1264(32)
520 ## - SUMMARY, ETC.
Summary, etc. [2002] EWCH 2785 (Ch),12 December 2002. Concerned public navigation rights over a non-tidal part of the River Thames known as Hedsor Water. The defendant (E) concluded that the rights still existed, having never been extinguished by statute or other competent authority and sought to remove signs prohibiting navigation as the lack of public navigation had led the navigation authorities to believe Hedsor Water was private. Claimant (R) owned Hedsor Estate including part of the bank and the whole of the riverbed of Hedsor Water. Being a loop in the river, a cut had been made above Hedsor Water in 1830 to enable river traffic to bypass it with weirs at either end of the loop. As public navigation practically ceased after 1846 R sought a declaration that public rights of navigation over a non-tidal part of the River Thames known as Hedsor Water had been extinguished or ceased to be exercisable. R argued that:as the public had been excluded from Hedsor Water for 20 years prior to the Thames Preservation Act 1885 public navigation rights had been extinguished under ss2 and 5 of the Act; under the Human Rights Act 1998, she should be able to enjoy Hedsor Water as private water, an entitlement which E should not seek to deny. Held that under common law public rights of navigation existed over the Thames and that the Thames Preservation Act 1885 Part 1 extended it to the whole of the river. At common law the rights could not be lost by disuse and there was no legislation conferring express or implied power on the navigational authorities to extinguish the rights. S2 of the 1885 Act did not apply. R's second claim based on legitimate expectation and redress under Human Rights Act 1998 failed. Claim dismissed. View judgment at www.courtservice.gov.uk
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ROWLAND V ENVIRONMENT AGENCY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RIPARIAN RIGHTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HEDSOR WATER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element THAMES PRESERVATION ACT 1885
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUMAN RIGHTS ACT 1998
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PUBLIC RIGHT OF NAVIGATION
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2002/2785.html&query=Josie+and+Rowland+and+v+and+Environment+and+Agency&method=boolean">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2002/2785.html&query=Josie+and+Rowland+and+v+and+Environment+and+Agency&method=boolean</a>
Public note View the case free of charge at www.bailii.org.uk
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journals 17/01/2003   X121051 121051-1001 06/08/2019 1 06/08/2019 Law report