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Bembridge Harbour Trust

Bembridge Harbour Trust - Isle of Wight

"To preserve and enhance Bembridge Harbour, its approaches and setting for the benefit of the public, including users of the Harbour and the communities of Bembridge and St Helens”

BHT Judicial Review decision issued 18th May 2023

BHT’s Trustees are disappointed by this decision, not only by the Judge’s findings on the limited questions in front of her (this case was solely about loans made by the harbour authority, the provision of security by the harbour authority to cover other companies’ borrowings and the use of revenues including  profits to fund loans in the year to March 2020) but also for its implications on the ability for the community to hold the harbour authority to account on use of its funds. 

We are advised that there are fundamental errors in the decision and are considering an appeal, not only because of the specific findings, but also its broader ramifications.

The decision has had at least one positive outcome: it affirms that the Local Harbour Act in general, and section 31 in particular, applies with full force. (This puts an end to argument by some members of the community that the harbour legislation does not apply to Bembridge because it is privately owned).

BHT note: Section 31 sets out how all profits must be applied to the harbour, with a exception of a reasonable return on the  share capital which currently stands at  £4,000.

The court’s confirmation of the status of the Act underlines the position that artificial reduction of the Harbour’s profits, such as by sales at undervalue (eg the sale of a houseboat plot for £1) must be questionable.

Though this setback is disappointing, rest assured BHT will continue to seek to protect the communities’ interests, in line with its charitable objectives and with vigour.

The Trustees

Filed Under: Featured, News, Press Release Tagged With: funds, Harbour Act, Judicial review, money

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Attrill and Sons (Isle of Wight) Ltd.
The Duver
Isle of Wight
PO33 1YB

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