Seven Spades
Well-known member
If you go to a court of law there is a phrase de minimis non curat lex the court does not care for small or trifling matters.
So for example take a rugby field, the kicker digs his heal into the pitch to enable the ball to stand on end to take a penalty, does he damage the pitch? Well yes and no, in the literal sense yes, but if you stand back and look at the pitch is it damaged no, because the damage is trifling. It is the old man in the street test, to the man in the street is the ruby pitch damaged by the kickers heal, no then on the same basis anchoring in Studland bay is not damaging either.
The problem as I see it is that the people who are interpreting the rules/guidelines are taking them literally, and I do not think that that is probably a lawful interpretation. My guess is that ST is going to be correct anchoring is going to be banned because the law is being interpreted far too literally.
I think that the RYA on our behalf should seek a judicial review if and when an MCZ is imposed upon Studland
So for example take a rugby field, the kicker digs his heal into the pitch to enable the ball to stand on end to take a penalty, does he damage the pitch? Well yes and no, in the literal sense yes, but if you stand back and look at the pitch is it damaged no, because the damage is trifling. It is the old man in the street test, to the man in the street is the ruby pitch damaged by the kickers heal, no then on the same basis anchoring in Studland bay is not damaging either.
The problem as I see it is that the people who are interpreting the rules/guidelines are taking them literally, and I do not think that that is probably a lawful interpretation. My guess is that ST is going to be correct anchoring is going to be banned because the law is being interpreted far too literally.
I think that the RYA on our behalf should seek a judicial review if and when an MCZ is imposed upon Studland