WUE HIGHCOURTOF JUSTICE ==» lnm No-H-2015-001900 ‘CHANCERY DIVISION BETWEEN: LEIGH RAVENSCROFT ‘Claimant And ‘CANAL & RIVER TRUST WITNESS STATEMENT OF MICHAEL ANDREW GRIMES |, Michael Andrew Grimes, Head of Boating at Canal & River Trust of First Floor North Station House, $00 Elder Gato, Miton Keynes, MK 188 wil say as flows 1. am employed by Canal & River Trust (the Trust’) as Head of Boating, a postion | have held since July 2015. This national role involves the management ofthe boat loensing team, the enforcement team, the business boating and the strategy, welfare and ‘engagement of boaters across the network. 2. I'am duly authereed by the Trust to make this statement in respect ofthe tial of tis action in support ofthe Trust's defence agains! the ciaim brought by the Claimant. The facts and matters within this statement are ether in my own knowledge or have been verified from the documents disclosed inthis action. Ifthe matter is nt within my own knowledge | have identified this fact in my slatoment and | have ientifed how the fact has come to my attention.‘There is now shown and produced to me a bundle of paginated documents marked Exhibit"MG1" to which | shall refer a8 appropiate. Backoround ‘The Trust |s a chartable body and the navigation authoty forthe majrty of inland waterways in Great Baitain. Pursuant to The Brish Watentays Board (Transfer of Functions) Order 212, SI 2012 No 1850, on 2 July 2012 the statutory functions of the British Waterways Board were transfered to the Trust. A copy of the Order is exhibited at pages 1 to 31 of exhibit ur Paragraph 4 of the Order provides that {() Nothing in this Order affects the vay of anything done (r having affect as 1 done) by oF in rolaton to tho Bish Waterways Board bore tho transfer dato; and anything (including legal proceedings) which on that date is inthe process of being done by or in relation to the Ertisn Waterways Boer, so far as it ralatd to any of tho tansforred functions, may bo continued by or in relation to Canal & River Trust (2) Anything done (or having effect as f done) by or in relation 10 tho British Waterways Board, 0 far as Wt rolated to any of tho tansforrod functions, has ‘effec, 20 far as necessary for continuing Ms effect afer the ransfor date, as it done by orn relation to Canal & River Trust. ‘Asa consequence ofthe Order, the Statutory Functions relevant to this mater are now vested inthe Trust. Furthermore by an Order dated 1 July 2012 entiled "The Briish Waterways Board Transfer Scheme 2012, which Order was made pursuant to 6.23 ofthe Public Bodies ‘Ac 2011, save for certain specied property (principally in Scotand) all propery, rights and iabilties of the Bish Waterways Board transfor to the Canal & River Trust on the transfer dae’, the vansfer date being defined as the day the Scheme comes into force,bch seis defined as being the same time asthe Transfer of Functions Order comes Int force (namely 2 July 2012. 9. As 2 consequence of the Scheme, the propery previously vested in the Brish Waterways Board i now vested inthe Trust Growth of use ofthe Waterways 10. Its important tat the Courts aware of the pressures onthe inland waterways, 6 this is the context in which the Trust considers ts policies and the way in which it implements its statutory powers, The length of waterways now managed by CRT is approximately 3.135km of canals and vers. A constant difieuity fr the Trust inal aspects of management and preservation ofthe Inland waterway network isthe need to balance numberof competing interests for use ofthe network, 12. Whilst the essential focus of sustaining and protecting inland navigation remains, there is litle doubt thatthe activity on and around the intand waterways is very different rom that levisaged by the creator of he canal network mora than two centuries ago 18. When created the principal uso of the River Trent, on which the Cisimant’s vessel was ‘moored, would have been commercial. Now the principal focus Is leisure, especialy as 50% ofthe country’s population is within just § miles of a stretch of inland waterway within the Trust's management. 14: Lelsue boating on the inland waterways network has Increased very signifcantly in recent decades. The Trust’ information is that in 1980 theee were an estimated 22,000 boats on its managed waterway network, whist today that number has increased to ‘approximately 33,000 boats. The Court will abserve that this increase is on essentially 2 fiite waterway space. 15, Domand for use ofthe waterways generally continues to grow and this is @ significant Issue for the Trusts management of the inland waterways, given the finite space ‘valabe,Licensing Reauirements 16. Licensing is rtical matorfor the Trust both: 16.1. From the management perspective in controling the above mentioned increasing use of the inland waterways: and 46.2. From the revenue perspective. | have been informed by the Trust legal depariment that, on figures avaiable rom the Trusts’ Annual Report and [Accounts 2018/2016, the amount spend on charitable activites, which includes the cost of mainainng the inland waterway network, was £148,5 millon during this period, of which some £34.9 millon was raised from licence and mooring {008A copy ofthe Trustees’ Annual Report and Accounts 2015/2016 is exhibit at pages 32 to 145 of exhibit MG’. innoure 17. Before tuning tothe dotaliag ofthe bosnces the Trust offers, itis important to note that ‘on a wateray such as the River Trent, where the Claimants vessel was located, contrary to common perceptions, there iso public ight of navigation 418.1 am informed by Shoosmitis LLP that, whist a mater of legal argument ifthe point is spute), itis the Trust's case thatthe effact of sections 105 to 115 and Schedule 12 of the Traneport Act 1068 i auch that there ino entitlement (cave form catain situations Irelevat to this acton for any vessel to be on waters owned or managed by the Trust, Copies ofthese statutory provisions are exhibited at pages 148 to 158 of exhibit ‘MGT’, for ease of reference 19. Accordingly, if someone, suchas the Claimant, wishes to keep or use a vessel on the Inland waterways they wil aque the Truss consent. Consensual use is plainly widely permitted, but having regard to the Trusts management functions the consent is dependent upon compliance withthe terms and conditions imposed through the medium oflcences,20. 'am informed by Shoosmths thatthe effect of section 43 of the Transport Act 1982 may be a matter for logal argument, but i is the Trust's case that this provision is the fundamental basi upon which it can require boats to be icansed and also to charge for that licensing, although that fundamental basis has been clothed by a number of further legislative provisions which wil na doubt be a mate for argumant a a 24. There Is now produced and shown to me, exited at pages 199 to 170 of exhibit "'MG1’, 2 copy of the current information on the Trust's wobele on Koensing and the various types of licence that ae avaiable/nended 22.The varus lcences are subject to standard terms and conditions and a copy of the current standard terms and conditions is now produced and exhibited at pages 171 to 193 of exhibit IGT", whist a copy ofthe standard tems and conditions which were applicable at the time when the Claimant was fst contact by the Trust regarding the requirement for in to loonse his vessel, being 9 August 2012, are now produced and extibited at pages 194 to 217 of exhibit MGT" Statement of Truth Uatove the facts stated inthis statement are rue “ Dated this 2 day of January 2017 Wh Michael Andrew Grimes Head of Boating