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Post by Deleted on Nov 30, 2016 18:42:25 GMT
...but we all know that once you control all the land either side of the waterway, you can control how the waterway is used...and ultimately who can use the waterway. Not when how it is used and who can use it is governed by statute. Ownership is immaterial to the powers of management and control of the waterways. Just to emphasise the point, quoting myself from Leigh’s Statement of Case – “ 105. The relevant proposition is enunciated by Francis Bannion in “Statute Construction”, under the topic of “Legality”. He says – “Where the decision-maker is a public corporation it lacks the comprehensive power possessed by natural persons to regulate the use of its property in any lawful way it sees fit: see e.g. R v Somerset County Council, ex p Fewings[1995] 3 All ER 20, following Calder and Hebble Navigation Co v Pilling(1845) 14 M & W 76 at 88.” The point I was trying to make is that, as nobody can CC 24/7, we all have to stop somewhere. If it costs an arm and leg to moor up everywhere, who will be able to afford this lifestyle? Or are you saying that that under statute law, private companies can't charge you to moor up. BTW, I've had a few beers now so I'm probably talking bollocks. So I will apologise now.
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Post by Deleted on Nov 30, 2016 18:54:54 GMT
Can somebody point me in the direction of where I can buy CRT shares please.
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Post by NigelMoore on Nov 30, 2016 18:55:53 GMT
The point I was trying to make is that, as nobody can CC 24/7, we all have to stop somewhere. If it costs an arm and leg to moor up everywhere, who will be able to afford this lifestyle? Or are you saying that that under statute law, private companies can't charge you to moor up. BTW, I've had a few beers now so I'm probably talking bollocks. So I will apologise now. The point is that whoever owns the towpath, the use of that by cruising boats remains a facility that cannot [legally] be charged for, because the rules of statute so ensures. The situation on the canals, in other words, is far more protected for cruising boats than, for example, the Thames. Private companies owning offside riparian canal property can charge you for mooring however they please - as can individuals. But the towpath is different - don't forget that ALL the canals were once owned by private companies, and they were prohibited from charging for anything that was not explicitly granted to them as a chargeable service. Hence the comment by Bannion that I cited, confirmed as late as 2012 following CaRT's Transfer Order, in consequent amendments to the 1962 Transport Act. I will leave you to ponder this over your beers; I have a bottle of Glenmorangie that needs emptying in order to keep the boat tidy.
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Post by NigelMoore on Nov 30, 2016 19:00:17 GMT
Can somebody point me in the direction of where I can buy CRT shares please. Nobody will be able to assist you in that; as the Companies House listing specifies, CaRT is a private limited company with no share capital.
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Post by Deleted on Nov 30, 2016 19:00:21 GMT
I'm not quite sure how this forum expects to expand it's user base if every time somebody states something and somebody disagrees they just get ridiculed for it even though the response is actually factually 100% correct. CRT is categorically not a private company in the generally accepted sense of the word and in a legal/commercial sense. It has no 'owners' and it has no shareholders. The 'friends' it has have no right to benefit financially from any success CRT has, they are net contributors nothing else. I can see the appeal for some where somebody posts something and everybody nods sagely in agreement and everybody posts 'well said 'you're right' etc etc but frankly what is the point in that?, you might as well either talk to yourself or create a load of sock puppets to interact with each other back slapping. However if people just stopped for a sec. and read a post properly they might actually ruddy learn something sometimes. Edit - forgot to add - yes asset stripping is a concern because once you have asset stripped everything you are screwed and end up shutting navigations down to save money or you look to boaters to stump up a (massive) increase in licence fees or both. I cant see the govt.remotely interested in putting taxes into what is essentially a leisure activity nowadays given their austerity program. It will be well down their priorities. So when all the valuable property has gone it will be crunch time for the Trust. I wasn't aware anyone here is trying to expand the forums 'user base'. Seems you are bored again Martin and want to stir up something from nothing as usual. Then I think you have clearly missed some posts on here where some members have commented in a positive sense about the surge in membership that took place (but appears) to be slowing when CWDF had its recent problems. or are you happy to keep it an 'exclusive' enclave, fair enough if so but good luck with that.
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Post by Deleted on Nov 30, 2016 19:03:54 GMT
Can somebody point me in the direction of where I can buy CRT shares please. Nobody will be able to assist you in that; as the Companies House listing specifies, CaRT is a private limited company with no share capital. Thanks Nigel I was aware of that I was just making the point that it's not a company in the sense of it being a Marks and Spencers or Sainsbury's.
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Post by Deleted on Nov 30, 2016 19:11:07 GMT
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Post by NigelMoore on Nov 30, 2016 19:18:29 GMT
Can't undo mistakes!
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Post by Deleted on Nov 30, 2016 19:35:35 GMT
The point I was trying to make is that, as nobody can CC 24/7, we all have to stop somewhere. If it costs an arm and leg to moor up everywhere, who will be able to afford this lifestyle? Or are you saying that that under statute law, private companies can't charge you to moor up. BTW, I've had a few beers now so I'm probably talking bollocks. So I will apologise now. I have a bottle of Glenmorangie that needs emptying in order to keep the boat tidy. Huh..you always have to do one better.
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Post by naughtyfox on Nov 30, 2016 20:16:01 GMT
"How the hell did they get away with implementing this situation ?"
Backhanders to the Secretary of State?
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Post by naughtyfox on Nov 30, 2016 20:48:01 GMT
Then I think you have clearly missed some posts on here where some members have commented in a positive sense about the surge in membership that took place (but appears) to be slowing when CWDF had its recent problems. I don't know if CWDF has actually had any problems in the eyes of its owner, he seems to have what he wanted. CWDF seems to be chugging along sort of as usual but minus some of the colourful characters. Thunderboat has come about in somewhat bizarre circumstances and does indeed seem to be thriving quite well. Of other canal forums I know little to nothing. All in all, this world of Canals and Boaters has been an eye-opener for me and the Witch - she has seen things she would never have dreamt of in a million years, and I have spent many hours writing here (and previously on CWDF) to people I've not met. It certainly has been a new experience for the both of us. I am generally positive and think that Thunderboat will trundle along nicely on its own. In the olden days I used to nip into Canalworld to 'catch up' but there's so much going on here nowadays that I rarely have time to go 'over the road'.
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Post by naughtyfox on Nov 30, 2016 20:58:27 GMT
Notification: "dogless likes this" -thank goodness, I thought it was mjg giving me a mauling again off to bed. tomorrow evening to church (groan) - christmas singing.
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Post by Deleted on Nov 30, 2016 20:59:48 GMT
I wasn't aware anyone here is trying to expand the forums 'user base'. Seems you are bored again Martin and want to stir up something from nothing as usual. Then I think you have clearly missed some posts on here where some members have commented in a positive sense about the surge in membership that took place (but appears) to be slowing when CWDF had its recent problems. or are you happy to keep it an 'exclusive' enclave, fair enough if so but good luck with that. I rarely miss any posts (although it is difficult to keep up now this forum has become popular). There is no problem here, despite your attempt to make one up. I'm glad CWF is ticking over. It's great for people to have a choice now. Go back to primary school with teacher, or, stay in the pub with grown ups.
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Post by Deleted on Nov 30, 2016 21:14:20 GMT
Then I think you have clearly missed some posts on here where some members have commented in a positive sense about the surge in membership that took place (but appears) to be slowing when CWDF had its recent problems. or are you happy to keep it an 'exclusive' enclave, fair enough if so but good luck with that. I rarely miss any posts (although it is difficult to keep up now this forum has become popular). There is no problem here, despite your attempt to make one up. I'm glad CWF is ticking over. It's great for people to have a choice now. Go back to primary school with teacher, or, stay in the pub with grown ups. Lay off the beer Bassplayer.
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Post by Deleted on Nov 30, 2016 21:21:50 GMT
I rarely miss any posts (although it is difficult to keep up now this forum has become popular). There is no problem here, despite your attempt to make one up. I'm glad CWF is ticking over. It's great for people to have a choice now. Go back to primary school with teacher, or, stay in the pub with grown ups. Lay off the beer Bassplayer. Nice try.
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