Over 200 residents of Mistley and their friends met on Mistley Quay on Sunday to celebrate the Court of Appeal decision to endorse their Village Green on the Quay.
Music was provided by the Golden Rivets, who sang their usual selection of our favourite shanties, several yachts sailed past on the top of the tide lending a nautical atmosphere to the party and Olly Wood played some fine background music. The BBQ was kept busy and the weather stayed fine despite forecasts of rain.
During the celebration those present joined in weaving the word ‘VICTORY’ in large letters in coloured fabric around the wire mesh of the fence.
Simon Bullimore, chairman of Free the Quay said: ”It is wonderful that after 10 long years of fighting for the Village Green we now appear to be in sight of the end. I call upon TW Logistics to talk to the local community to end this nonsense. We remain willing to discuss with TW Logistics a suitable alternative form of barrier on the Quay edge.”
William Meston, Treasurer of Free the Quay, who lives on Mistley High Street said: “Generous donations made by Mistley residents at the event will all help Free the Quay to complete the task of restoring Mistley Quay to the people of Mistley.”
The next fundraising event will be the FTQ Quiz on Friday 23 November, more details to follow.
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.
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