A major new piece of work has been researched and published by the Rev’d Douglas Caffyn.  Doug, a former Chairman of the Access Management Committee, has produced the paper based on a thesis submitted to the University of Kent for the degree of Master of Laws.

This is a summary of the report:-

The preface to an Act of 1472 stated, “Whereas, by the laudable Statute of Magna Carta, among other things …. was made for the great Wealth of all this Land, in avoiding the Straitness of all Rivers, so that Ships and Boats might have in them their large and free Passage.”

The paper reviews the evidence that prior to 1830 there was a generally acted public right of navigation on all rivers which were physically navigable.  The wording of River Navigation Acts are examined and are shown not to be inconsistent with this interpretation of the law.

In 1830 H.W. Woolwrych claimed that all non-tidal rivers are private unless a public right of navigation has been established by statute, long use or dedication.  The errors in his text are examined and it is argued that subsequent commentators have followed his misconceptions.  Four leading cases from the 19th and 20th centauries are then considered.

In the paper it is shown that the public right has not been lost but that there always has been, and there continues to be, a public right of navigation on all non-tidal rivers which are naturally physically navigable by small boats.

The BCU intend to use the paper as part of the case for greater access and are seeking further legal advice.  The paper has already been given to DEFRA and the Environment Agency who are currently reviewing the paper with great interest.

For information on how to obtain copies of the paper please contact  Info@riversaccess.org