The Court of Appeal has rejected the attempt by TW Logistics to overturn the decision of the High Court to uphold the registration of Mistley Quay as a Village Green by Essex County Council.
The battle to preserve the long standing rights of local residents to use the Quay in the manner in which they have done for centuries has now lasted for more than 10 years since TW Logistics erected a fence along the edge of the Quay. The rights of local residents have been confirmed by an Inspector, who carried out an 8-day Public Inquiry by Essex County Council, who registered the Quay as a Village Green, by the High Court and now, following the Appeal, by the Court of Appeal.
Simon Bullimore the Chairman of Free the Quay which represents the interests of local residents said: “This is a significant victory for the people of Mistley, who have been determined not to allow the aggressive actions of TW Logistics in the erection of the fence and the conduct of the long drawn out proceedings to deter them from fighting for the recognition of their rights to use the Quay.”
Ian Tucker, who as a Mistley resident made the Application for the registration of the Village Green, said: “No one would have thought that a simple Application to register a Village Green followed by a Public Inquiry would end up in the Court of Appeal. We have been very fortunate to have had the encouraging support of Nigel Farthing and Richard Eaton of Birketts LLP throughout the proceedings which has been invaluable in achieving this successful result.”
Nancy Bell, who lives Mistley Quay said: “This is such good news. I hope that TW Logistics will now recognise that their attempts to frustrate the long-standing rights of access to Mistley Quay should come to an end. The time has come for them to accept the Village Green.”
The decision of the Court of Appeal will not result in the immediate removal of the fence along the edge of the Quay. David McKay, proprietor, with Sherri Singleton, of the Thorn Hotel said: “It would be a welcome gesture on the part of TW Logistics if they were to accept the decision and take the fence down. We have repeatedly invited them to discuss with us some other form of safety barrier and we remain willing to do so. If they persevere in maintaining the existing fence as an obstruction on the Village Green we will take all appropriate steps to remove it.”
A celebration of the Victory will be held on the Quay on Sunday 14October with refreshments and music to which all the many supporters of the Free the Quay over the last 10 years will be most welcome.
For an explanation of the legal issues involved in the Court of Appeal Hearing click here
The hearing before the Court of Appeal took place on Tuesday 17 and Wednesday 18 July 2018.
The three judges first heard TWL’s case to which Essex County Council and Ian Tucker, the Applicant for the registration of the Village Green, replied through their Counsel. It is always very difficult and indeed dangerous to try to forecast the outcome of such proceedings at which long and detailed arguments are examined in minute detail. However, following our success both before the Inspector and Judge at first instance in the High Court, we and our legal team remain optimistic of the outcome.
Our thanks go to the residents of Mistley who attended Court on both days to support our cause.
It is not expected that the judgement will be handed down before the autumn but as soon as we receive any news we will post it here.
The hearing will start on Tuesday 17 July at 10.am in the Royal Courts of Justice, Strand, WC2 2LL and will last three days. We do not have details of the Court number but there will be plenty of people including security who can show you where to find out.
If, as expected, it is one of the old courts there will probably be a separate public gallery from which to view proceedings rather than sitting at the back behind the lawyers as was the case at the last hearing.
The Application to the Court of Appeal by TW Logistics Ltd to overturn the decision of the Inspector and of the High Court Judge to recommend and uphold the registration of Mistley Quay as a Village Green will be heard in the Court of Appeal in London in the week beginning 16 July. It is anticipated that the hearing will last 3 days but we will not know on which day of the week it will start until possibly as late as the day before. As soon as we know the date and precise location of the Court we will post it here.
Free the Quay will be represented at the hearing by Richard Wald, a barrister with wide experience of the relevant issues and by Richard Eaton of Birketts LLP in Ipswich who have so ably and consistently represented and supported FTQ throughout our battle to regain enjoyment of the Quay for the people of Mistley.
Free the Quay has been fortunate in having such a large body of supporters for our cause in the nearly 10 years since the fence was erected. Whilst it is appreciated that a mid-summer journey to the Court of Appeal in London is probably not at the top of everyone’s holiday plans, any support at this hearing, which is open to the public as a whole, will be greatly appreciated and will be of interest to those who have followed the argument from the early days.
Support us by coming to our next event
This year's Jazz Picnic will take place on Sunday 15 July from 12.30 pm - 4.30 pm in the stunning gardens of Ballister House, Bradfield.
We are delighted to announce that the fabulous Quay Notes will be performing again, as well as Chris Strachan on trumpet and Frank Weatherley on saxophone with further acts to be confirmed.
This is a family event, children under 8 are free, come by foot, car or boat (high tide is at 14.15 - hard accessible 3 hours either side of high water) bring your own picnic and drinks and enjoy the stunning views of the Stour while listening to some wonderful jazz and blues and you can still be home in time to watch the final of the football world cup.
Tickets are £12.50 for adults and £6.00 for children over 8 and can can be obtained by emailing firstname.lastname@example.org or from the Mistley Kitchen Shop, High Street, Mistley.
No dogs please!