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Court of Appeal has dismissed a businessman's appeal against the High Court's decision, which had rejected his claims against a statutory authority responsible for inland waterways. The businessman's barge was lawfully removed after causing an obstruction, and his wide-ranging allegations of the authority's failure to maintain navigable water levels were unfounded. The original court found no evidence of negligence or breach of duty by the authority in relation to various water-related projects, and the appeal failed to demonstrate any errors in the trial judge's comprehensive judgment.
Barge removal - statutory authority - inland waterways - obstruction - Canal Bye-laws - legitimate expectation - water levels - navigability - declaratory relief - injunctive relief - breach of statutory duty - environmental impact - negligence - breach of duty - interference notice - Water Supplies Act 1942 - statutory functions - ultra vires actions - limitation period - environmental impact assessment (EIA) - duty of care - proximity of relationship - appeal dismissal.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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