Couper v Albion Properties & Port of London Authority
(1) Couper (2) The Trustees of the Couper Collection Charitable Trust v (1) Albion Properties Ltd (2) The Port of London Authority (3) Hutchison Whampoa Properties (Europe) Ltd [2013] EWHC 2993 (Ch) Arnold J 8 October 2013.
Complex and overlapping claims were brought by boat owners in respect of mooring rights over the River Thames, adverse possession, easements, conspiracy, slander of title, harassment and misfeasance in public office, all of which failed.
The Claimants owned a large number of boats and associated river works moored in the River Thames between the Albert and Battersea Bridges, over riverbed owned by the Port of London Authority and alongside riparian land owned by Albion Properties. The Claimants brought proceedings claiming title by adverse possession to the riparian land and the riverbed, and also claiming to have the benefit of a privilege and franchise of mooring rights dating back to pre-1857 when the River Thames was owned by the Crown. The Claimants also advanced wide ranging and serious allegations against the Defendants including harassment, conspiracy, slander of title and misfeasance in public office.
The Defendants counterclaimed for declarations that they were the freehold owners of the riparian land and riverbed respectively.
Following a three week trial before Arnold J, all of the Claimants’ many claims were dismissed, and the Defendants succeeded on all of their counterclaims. The Claimants could not establish adverse possession in fact or in law against Albion. Their vessels and moorings constituted a private nuisance against Albion and a public nuisance by interfering with the public right of navigation actionable by Albion as it suffered special damage. The Claimants were also unable to establish adverse possession of the riverbed as it was vested in the Port of London Authority for the purposes of regulating the public right of navigation – R (Smith) v Land Registry [2010] EWCA Civ 200 applied. All of the tortious claims failed. The Defendants were entirely vindicated in their defence of exaggerated and misconceived allegations of wrongdoing.
Stephen Jourdan QC and Ciara Fairley acted for the successful 1st and 3rd Defendants, Jonathan Small QC and Joe Ollech acted for the successful 2nd Defendant.
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