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Moore v BWB, Arnold Judgment on CMC Appeal, Feb 2011

Moore v BWB, Arnold Judgment on CMC Appeal, Feb 2011

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Published by Nigel Moore
Judgment refusing Appeal against CMC decision to drop river ownership issue from case.
Judgment refusing Appeal against CMC decision to drop river ownership issue from case.

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Categories:Types, Business/Law
Published by: Nigel Moore on Jan 19, 2013
Copyright:Attribution Non-commercial

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01/19/2013

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IN THE HIGH COURT OF JUSTICENo. CH/2010/0709CHANCERY DIVISION
[2011] EWHC 633 (Ch)
Royal Courts of JusticeFriday, 18
th
February 2011Before:MR. JUSTICE ARNOLDB E T W E E N :NIGEL PETER MOOREClaimant- and -BRITISH WATERWAYS BOARDDefendants __________ 
Transcribed by
 BEVERLEY F. NUNNERY & CO
Official Shorthand Writers and Tape TranscribersQuality House, Quality Court, Chancery Lane, London WC2A 1HP 
Tel: 020 7831 5627 Fax: 020 7831 7737 info@beverleynunnery.com
 __________ THE CLAIMANT appeared in Person.MR. C. STONER QC (instructed by Shoosmiths) appeared on behalf of the Defendant. __________ 
J U D G M E N T
(As approved by the Judge)
 
MR. JUSTICE ARNOLD:1This is a renewed application for permission to appeal by Mr. Nigel Moore againstan order of Master Bragge dated 15 October 2010.2This is a complicated piece of litigation that arose out of the purported service bythe Defendants, the British Waterways Board, of notices under section 8 of theBritish Waterways Act 1983 on some vessels under the control of Mr. Moore back in 2007.3There were preliminary issues directed to be tried, which were the subject of a trial before Mr. Martin Mann QC, sitting as a Deputy High Court Judge, which headjudicated upon in a judgment dated 12 March 2009. Subsequently, there was anappeal by Mr. Moore to the Court of Appeal, the result of which was that the Courtof Appeal set aside Mr. Mann QC’s order with regard to the first preliminary issue, but otherwise did not disturb his adjudication. That decision was given on 5February 2010.4Subsequent to that, a case management conference was held before Master Braggeon 26 May 2010, at which there was a lengthy debate between the parties as towhat the issues were which remained outstanding and required to be determined attrial. In the light of that debate, the Master made an order providing for amechanism for the parties to seek to agree a list of issues, and in default of agreement for a further case management conference to take place before him atwhich he would finally determine the list of issues if not agreed.5Unhappily, the parties were unable to agree a list of issues and accordingly thematter returned to Master Bragge on 15 October 2010. He considered the matter indetail and made an order determining a final list of issues. That list wassubstantially based upon that which had been proposed by the British WaterwaysBoard at the hearing before him, but with certain minor modifications. He alsogave directions for the trial of the issues so identified.6Mr. Moore has sought to appeal against the Master’s order. His primary complaintis as to the final list of issues, although he has also challenged some of the other directions. I refused the application on paper on 21 December 2010, and thismorning he has renewed his application.7Having considered what Mr. Moore had said in his written materials, and listenedto him this morning, I remain of the view which I expressed in my written decision,that his proposed appeal has no real prospect of success. As I pointed out in mywritten decision, the Master’s decision was a case management decision. That
BEVERLEY F NUNNERY & COOFFICIAL SHORTHAND WRITERS

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