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“Without Lawful Authority” - Canal & River Trust Cannot Evict Our Boats

Following from the TW8 article of Feb 12 [Challenge in Royal Courts of Justice], some may be aware that judgment was handed down last Thursday by Lord Justice Mummery of the Court of Appeal, declaring that the “eviction notices” served on my boats by the then British Waterways Board were invalid. The authority has been ordered to pay 75% of my costs at Appeal and in the Court below.The significance of the ruling goes way beyond waterways legislation, because the victory was based – not on waterways legislation per se, but – on the true interpretation of the phrase “without lawful authority”.I claimed that the High Court judgment last year, regardless of any findings on common law riparian rights or mooring rights from whatever source, was constitutionally unsound, because it violated a central foundation principle of the free, libertarian society that our constitution purports to provide for.My argument was that the phrase “without lawful authority” could only apply with reference to some law that was being breached; the High Court judge disagreed. The Appellate Court has now agreed with me that his finding on this was wrong. Lord Justice Mummery quoted from Sir Robert Megarry V.-C in a 1979 case saying: “England, it may be said, is not a country where everything is forbidden except what is expressly permitted: it is a country where everything is permitted except what is expressly forbidden.”  As some legal websites have commented, the affirmation of this constitutional principle affects the understanding of the thousands of Parliamentary Acts that  incorporate the same, common phrase. Hopefully the decision will assist in preventing continuing abuse of authority perpetrated by those in power who forget that they, also, are constrained by the Rule of Law, quite as much as we the governed. They will no longer be able to pretend that their whim has the status of law.A certain ruefulness creeps into consideration of the fact that it has taken 6 years for the court system to acknowledge and confirm so basic a right of the citizen. It is also sobering to reflect on all those prior cases where the authority succeeded in unlawfully evicting private boats in furtherance of their own financial schemes – it is contrary to natural justice that such abuse should have succeeded against anyone less “stubborn & relentless”, as I was described by the judge below!

Nigel Moore ● 5001d18 Comments ● 3801d

Sarah Trimmer Hall planning application

Last Chance to Save Sarah Trimmer Hall Deadline for planning application is this Monday   Comment on the Plans for Sarah Trimmer Hall Comment on this story on the forum There are only a few days left to comment upon plans for redeveloping what is currently being called "Sarah Trimmer Hall". Revised proposals were placed on Hounslow Council's planning website on 29 January with a deadline for comment of 8 February. The school room where Sarah Trimmer ran her industrial school for girls (teaching useful skills like spinning and needlework) as well as Sunday School classes would be partially demolished and converted in a destructive and inappropriate scheme creating 3 small "duplex apartments". Inserted partition walls and floors, changes to windows and new doorways would make it impossible to understand its original function. The building retains its original character and should therefore be conserved both as a fabric and as a record of Sarah Trimmer herself.Sarah Trimmer HallSt George's church and Trimmer HallSarah Trimmer was an important figure in the history of national educational reform.  Sarah was active in the Sunday School movement and in founding schools for the poor. She also gave birth to 12 children.Local historian Val Bott contacted the Director of Regeneration, Economic Development and Environment, Brendon Walsh, at the beginning of January to ask what was happening and to emphasise how important the building is, but received no response until she also contacted the Leader of the Council. "At a time when Brentford is changing rapidly it really matters that we preserve those things which remind us that it is a town with a proud history", said Val Bott, "and I hope local people will object most strongly now. The building could be profitably converted into an elegant single home, retaining its lofty central hall with upper rooms at each end of the building if only the developers took advice from an experienced conservation architect".The Brentford Community Council wrote in their objection "The three separate units proposed once again by IDM will effectively destroy the building leaving little more than a façade from the original building. "The Trimmer School has an unusual and fascinating history and is thought by historians to be the last - or one of the last - industrial schools in England of its time. Please do not let it go the way of the rest of Brentford High Street whose destruction was approved by the Council in the 1950’s!"Comments on 00607/367/P13 & 00607/367/L1 can be made by clicking on the reference number.

Vanessa Smith ● 3919d8 Comments ● 3802d

Open letter to the Queen for Citizens of the United Kngdom

I have for several weeks been pondering on the coming Referendum vote. I eventually decided that I should WRITE to our Queen requesting her assistance to put to all the UK Citizens the reasons for us to leave the EU, with particular reference to our sovereignty and Immigration. It is the Immigration part that worries me most but what is even more perplexing is the possible treason and sedition to which, if you read the paper at, http://www.englishconstitutiongroup.org/damning-letter-from-lord-kilmuir-the-lord-chancellor-to-edward-heath-2/It seems to paint an untenable position for the government.There is little point in opening a debate here on this forum, but after reading, and you believe in the principle, then please, copy and paste this to ALL the United Kingdom Citizens in your email address book, with your own comments added if you wish. BUT most important if you agree as I hope many of our readers must do, please MAIL the queen, (address provided) with a letter giving your own feelings. An email goes into a file on a computer’s hard drive where it will remain for ever? If you still prefer an email then, when sent, print it out and then MAIL it to Buck House.A sack full of direct mail to our Queen will make a much bigger impression than an individual email.  +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++OPEN LETTER TO THE QUEEN                                                  14th May 2016HRH Queen Elizabeth II Buckingham PalaceLondon SW1A 1AAYour Majesty,Our Independent United KingdomAs a British Subject and loyal Member of the British Empire, I am writing to ask for your consideration to enter into, what has become a Pandora ’s Box of project fear and smoke and mirrors.Enclosed is a document pertaining to the possible acts of sedition and treason, involved in becoming a party to the Treaty of Rome. (Read article at URL above)As a loyal subject I am worried that if at the coming referendum we have a majority of in “IN” vote we may once more enter into this murky realm, problems with the countries security and Immigration. This will be the only opportunity to redress this historical mistake and resume our position in the world as an Independent Kingdom.As my Queen and Monarch of the United Kingdom, I am requesting that this matter Transcends Politics and Business and is directly related to the Sovereignty of the United Kingdom and as our Monarch, you should be prepared to stand up upon our behalf to clearly state that the United Kingdom, is such, and should not become any party to a Federalized Europe. I would suggest that this is the time when the mistakes of the past can be rectified by us once and for all, by remaining as an Independent UNITED KINGDOM, having control over all matters concerning the Union. To do so by making a speech to the nation on Sunday the 19th June at 1800 hrs. endorsing said position, ( entitled “For the Citizens of the United Kingdom”) and indicating to us that we should remain as we have always been, a United Kingdom, which has over many hundreds of years given to the countries now known as the Commonwealth, their laws, Justice and Parliamentary system, and resume our trading with them as we used to do so before the idea of joining Europe.I have the Honour to be, Madam, Your Majesty's humble and obedient servant.Captain Philip J Weaver MBE

Philip Weaver ● 3821d18 Comments ● 3818d