Geldards secures High Court success for Environment Agency in Thames possession challenge

Geldards’ Property Dispute Resolution team is pleased to have acted for the Environment Agency in successfully defending an appeal against a possession order in a recent court hearing at the High Court.

The High Court has dismissed in full the appeals brought by a number of vessel owners moored on the River Thames at West Molesey, upholding the Environment Agency’s right to secure possession of the riverbed and remove permanently moored vessels.

Mr Justice Bourne rejected all grounds of appeal advanced by the Appellants, confirming that the Environment Agency – represented by Geldards’ Property Dispute Resolution team – acted lawfully and proportionately in bringing possession proceedings to protect both its property interests and the wider public interest in the proper management and public navigation of the Thames.

The Appellants argued that a number of issues required determination at a full trial rather than through the summary procedure adopted by the County Court. The High Court rejected that argument, holding that, on the evidence before the Judge at the initial hearing, he was entitled to determine the issues summarily and reach the conclusions he did.

The Court held that:

• The Environment Agency, as freehold owner of the riverbed, is entitled to bring possession proceedings for trespass regardless of whether it owns the adjacent riverbank.
• The Agency’s actions were not ultra vires, improperly motivated, or in breach of any public law duties.
• The Court held that the Judge in the Court below was also correct to reject the Appellants’ assertion that they would be homeless. The Appellants had been invited, before proceedings had begun, to provide reasons why the Agency should not bring possession proceedings and nothing of substance was raised in response. Accordingly, there was no evidence before the Court that the Appellants needed to be permitted to occupy their current locations despite doing so as trespassers.

Accordingly, the High Court confirmed that the Agency was entitled to seek and obtain possession, and the Appellants’ appeals were dismissed on every ground.

Ed Meggitt Vice Chair and head of Geldards’ Property Dispute Resolution team led on the advice to the Environment Agency with support from Associate Ella Harmer.

Commenting on the result, Ed said:

“Geldards were delighted to act on behalf of the Environment Agency, firstly in possession proceedings in the County Court, and subsequently in successfully defending the appeal in the High Court.

The case involved complex issues of both private and public law, including trespass, land ownership, and human rights considerations. It was a pleasure to work alongside the Agency’s outstanding in-house legal team and leading water law specialist Nicholas Ostrowski of Six Pump Court Chambers to secure a successful outcome for the Environment Agency.

This result reflects Geldards’ expertise in complex public law disputes and its strong track record in acting for public bodies in technically demanding litigation.”

If you require assistance seeking possession, need assistance with court proceeding or have any dispute resolution or landlord and tenant queries, please contact our Property Litigation team who will be happy to advise.