Canal & River Trust (CRT) has made an initial response to the NBTA’s Pre-Action Protocol letter of 29th May 2021 challenging some of the new Boat Licence Terms and Conditions. CRT has refused to stay the new Boat Licence Terms and Conditions as we had asked, but has stated instead that it will not enforce the disputed terms, initially for 14 days but has now requested an extension of time to respond in full and consequently will not enforce the disputed terms until 21st June 2021.
This is an extract from the letter from CRT’s solicitors:
“…We note that you request a response within 7 days of your letter and that you are prepared to agree to extend the deadline if it is agreed that the introduction of the new Terms and Conditions will be stayed until at least 14 days after a substantive response to your letter.
The Pre-Action Protocol for Judicial Review expects that a response should normally be made within 14 days…
Our client does not agree to your request that the Terms and Conditions which came into force on 1 June 2021 should be stayed until at least 14 days after our client’s substantive response. However, while it is considering the points raised, our client has confirmed it will not take enforcement action in relation to the specific terms from the Terms and Conditions which are referred to in your letter until it has sent its substantive response to your pre-action letter. For the avoidance of doubt, our client has confirmed it will not take enforcement action in relation to clause 5.1, clause 5.4 and clause 10.10, clause 10.11 until Wednesday 16 June 2021”.
We expect to receive a substantive response from CRT on 15th June 2021.