2nd Defendant: Exhibits: “LB2” Date: 24 August 2016 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION BETWEEN: LEIGH RAVENSCROFT Claimant and CANAL & RIVER TRUST Defendant SECOND WITNESS STATEMENT OF LUCY EMMA BARRY 1, LUCY EMMA BARRY, of Witan Gate House, 500-600 Witan Gate West, Milton Keynes, MK@ 4SH, Solicitor of the Senior Court WILL SAY: 4. 1am asolicitor of the Senior Court, employed by Shoosmiths LLP at Witan Gate House, 00-600 Witan Gate West, Milton Keynes MK9 1SH, which firm is retained by the Canal & River Trust (‘the Trust’) in this matter. I have day to day conduct of the file, subject to the supervision of a partner. | am duly authorised to make this witness statement on behalf of the Trust in opposition to Mr Ravenscroft's application that Mr Nigel! Moore be granted rights of audience and, in so far as the application is made, to 1 369conduct the litigation, and also that Mr Moore be restricted from acting as Mr Ravenscroft’s Litigation Friend other than in strict compliance with the Guidance Note entitled "Practice Note (McKenzie Friends: Civil and Family Courts) published at [2010] 1 WLR 1881 The facts and matters referred to in this statement are within my own knowledge, save where | have identified to the contrary. Where the matters are within my own knowledge they are true. Where the matters are not directly within my own knowledge they are true to the best of my information and belief. . Further to my first witness statement dated 19 November 2015, it has been noted that Mr Nigel Moore has made comments regarding this case in an online discussion forum and | attach two relevant extracts made on 7 December 2015 and 26 May 2016 at pages 1 to 4 of exhibit “LB2" ‘Statement of Truth | believe that the facts stated in this witness statement are true ee Lucy Emma Barry 24 August 2016 Associate / Solicitor-Advocate ‘Shoosmiths LLP Defendant's Solicitors 3702nd Defendant: Exhibits: “LB2” Date: 24 August 2016 IN THE HIGH COURT OF JUSTICE Claim No: HC-2015-001906 CHANCERY DIVISION BETWEEN: LEIGH RAVENSCROFT Claimant and CANAL & RIVER TRUST Defendant EXHIBIT “LB2” This is the Exhibit "LB1" referred to in the Witness Statement of Lucy Emma Barry dated 24 August 2016 371Debbi Figueiredo (02 June 2016 14:34 Steven Holder Subject: another item of interest NigelMoore NigelMoore Long Standing Member Members © 2,757 posts © Gender:Male Posted 07 December 2015 - 10:53 AM Graham.m, on 02 Dec 2015 - 1:37 PM, said: T hope Leigh can stay the course. So do I - but really, once the initial hurdle of fending off the strike-out application is passed, I don't think it matters that much whether I am given right of audience or not. Leigh has everything down in writing, and if the court wants to struggle through endless back and forth exchanges between us as questions are posed on that material, then that will be down to the judge. Leigh and I have been working through Shoosmiths’ “Witness Statement of Lucy Emma Barry” for CaRT’s two applications in the case. The Chief Master has directed that if Leigh wishes to provide a Witness Statement of his own rebutting any of the alleged facts, then that must be filed by early January. In actual fact, there will be little that Leigh himself can address on that, largely because the bulk of it concems CaRT’s wish to have me denied right of audience, with the litigation history between BW/CaRT and myself rehearsed at length. Out of the 41 paragraphs of the Statement, only the last two concer the 372ications to strike out the claim altogether - with a fall-back alternative, to at least strike out the section on “Presumption of Probity”. Quoting from Hildyard J’s characterisations of my pursuit of my case as being “relentless and obstinate”, and to his criticism of failure to pay more than a minimal monthly sum relating to the preliminary issues costs order [since ordered, of course, to be set off against my own awarded costs by the Appeal Court] as illustrating a “false sense of entitlement”, CaRT concluded in paragraph 30: “The Trust is very concerned of a similar scenario arising in the present instance, with Mr Moore conducting the litigation and raising a number of issues as some sort of ‘champion’ of boaters rights. . ” [my bold] oiling the arguments down to their essence, it seems as though CaRT are saying that if you do not have the _oney to pay the costs of losing, you should not be allowed to defend boaters’ rights. Only the wealthy should be allowed to defend themselves, and the “Trust” wants no defenders of boaters’ rights - ‘champions’ of which are to be sneered at, rather like Hildyard J’s comments re: riding white horses into the fray. It is an unfortunate portrayal of their stance on boaters. Kind regards, Debbi Figueiredo Boating Co-ordinator T 01908 302581 M 07825 832622 Canal & River Trust, First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 188. Share the Space, Drop your Pace Share the space ~ towpaths are popular places to be enjoyed by everyone. Please be mindful of others, keep dogs under control, and clean up after them. Drop your pace ~ pedestrians have priority on our towpaths so be ready to slow down; if you're in a hurry, consider using an alternative route for your journey. It’s a special place ~ our waterways are living history, with boats, working locks and low bridges so please give way to waterway users and be extra careful where visibility is limited. Please visit our website to ind out more about the Canal & River Trust. You'll also find los of useful boating information. 373Barry, Luc From: Barry, Lucy Sent 24 August 2016 11:19 To: Barry, Lucy Subject: FW: FYI CRT vs Ravenscroft Importance: High From: Debbi Figueiredo Sent: 27 May 2016 08:38 To: Steven Holder; Jackie Lewis ‘Subject: FYI CRT vs Ravenscroft NigelMoore NigelMoore Long Standing Member Members © e0eco © 2,744 posts + Gender:Male Posted Yesterday, 04:23 PM Well, CaRT have now lodged an amended Defence, of some 17 pages. It is surprisingly weak. They are skirting the fact of having used possession of the boat to extract alleged licence arrears, claiming that this demand was “mistaken” [that is for sure] and any ‘conversion of goods’ was “inadvertent”. Quite how that absolves them from the relevant criminal offences involved is unclear, though they claim that he owed the money anyway so suffered no harm. As the validity of the alleged arrears is in question, of course, that argument relics on their winning the primary claim. Foolishly, they are denying that certain things were said while at Newark Marina, which are a matter of public record in the videos taken at the time. That is going to be an embarrassment to Mr Stoner, who will hardly have had time to listen, even to the excerpts I provided in Leigh's original CMC pleadings. He will have relied on what CaRT have told him. ‘They are still avoiding answering the relevance of the previous meaning of the term ‘main navigable channel’ as used by their predecessor in the General Canal Byelaws [interchangeably with “fairway’], and as 3 374used by the Transport Act 1968. No grounds for any departure from the statutory definitions in that Act are provided; the flawed arguments of their first Defence are simply re-iterated, as is the attempt to re-litigate the point they lost in my own case [that the limited application of the 1971 Act was effectively abolished by the 1983 Act], and the old “houseboat” chestnut [which is as irrelevant in this case as it was in my own]. Iwill have to go through this with Leigh more meticulously, and pick it apart, but those are my immediate reactions having received this only 20 minutes ago. edit typo vd regards, Debbi Figueiredo Boating Co-ordinator T 01908 302581 M 07825 832822 Canal & River Trust, First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB Share the Space, Drop your Pace Share the space — towpaths are popular places to be enjoyed by everyone, Please be mindful of others, keep dogs under control, and clean up after them. Drop your pace — pedestrians have priority on our towpaths so be ready to slow down; if you're in a hurry, consider using an alternative route for your journey. *5 a special place — our waterways are living history, with boats, working locks and low bridges so please “eive way to waterway users and be extra careful where visibility is limited. Please visit our website to find out more about the Canal & River Trust. You'll also find lots of useful boating information, ‘The Canal & River Trust is a new charity entrusted with the care of 2,000 miles of waterways in England and Wales. Get involved, join us - Visit / Donate / Volunteer at www.canalrivertrust.org.uk - Sign up for our newsletter at www.canalrivertrust.org.uk/newsletter Canal & River Trust is a charitable company limited by guarantee registered in England & Wales with ‘company number 7807276 and charity number 1146792. Registered office address First Floor North, Station House, 500 Elder Gate, Milton Keynes MK9 1BB. Blusen newydd yw Glandsir Cymru sy’n gofalu am 2,000 o filltiredd o ddyfrftyrdd yng Nghymru a Lloegr. Cymerweh ran, ymunweh 4 ni - Ewch i Rhoddion a Gwirfoddoli yn www.glandwreymru.org.tik 375Exhibits: “LB2" Date: 24 August 2016 IN THE HIGH COURT OF JUSTICE Glaim No: H¢-2015-001906 CHANCERY DIVISION BETWEEN: LEIGH RAVENSCROFT Claimant and CANAL & RIVER TRUST Defendant SECOND WITNESS STATEMENT OF LUCY EMMA BARRY 376