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Litigation Letter

Houseboat was not an “unregistered vessel”

Environment Agency v Gibbs and another [2016] EWHC 843 (Admin), [2016] All ER (D) 106 (Apr) NLJ 6 May

The Divisional Court dismissed the appellant Environment Agency’s appeal against the Crown Court’s decision, allowing the respondent houseboat owners’ appeals against their convictions for keeping an unregistered vessel on a waterway. A “vessel”, under Art 2 of the Environment Agency (Inland Waterways) Order 2010 (SI 2010/699), was something “constructed or used” either to “carry” people or things, or to be “propelled or moved” across or through the water and the houseboats were not “vessels”.

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