6440. MR MOULD: Yes. One assumes that the draftsman has all potential claims well in mind when he or she puts pen to paper, so I think that must be right, but it does turn on the facts and, as your Lordship will appreciate, there is a difference between speculative factual situations and those which can be shown to have been likely to have occurred.

  6441. CHAIRMAN: I am all too familiar with the fact that these things always turn on the facts. I just wonder whether the Bill covers the situation.

  6442. MR MOULD: Yes, I think it does, because it would be referable to the loss of the navigation right. Mr Cartwright referred your Lordships to paragraph 3.1 in the information paper and that is clearly dealing with cases where an access to the highway is obstructed and as a result the operation of a business carried on within the land served by the access is affected. The classic example is a hotel which is affected by temporary loss of access to the highway and as a result business goes down and there is a loss of trade.

  6443. CHAIRMAN: It is usually an injurious affection point, is it not?

  6444. MR MOULD: It is an injury which is sustained due to the obstruction of the right of way.

  6445. CHAIRMAN: But it goes to value in terms of injurious affection?

  6446. MR MOULD: Yes. Here the right of way is over water. In the ordinary case it is over land.

  6447. CHAIRMAN: Yes, with variations.

  6448. MR MOULD: My Lord, I am not sure one can take the matter any further because one is beginning to speculate on factual scenarios in which perforce one has to consider where they arise, but I hope that gives some comfort to Mr Cartwright as to the principles.

  6449. CHAIRMAN: At any rate, we are certain that access to the ships can be made so that we can be sure that they will not sink in the meantime?

  6450. MR MOULD: That is the intention of both parties. One of the reasons why we wrote the letter that we did, which I showed you, in response to the work Mr Cartwright mentioned a few moments ago, was precisely to ensure that appropriate measures are taken in order to safeguard the vessels for their long stay in situ in the dock, and to ensure that those whose task it is to indemnify in the event of some, one hopes very unlikely, event at the time that your Lordship mentioned, that is to say, the insurers, are prepared to underwrite the presence of those ships that stay within the dock during the currency of the Crossrail works.

  6451. CHAIRMAN: Is there likely to be a document that will be agreed between you and Mr Cartwright?

  6452. MR MOULD: That is certainly what I think both parties intend and the negotiations will continue with a view to achieving that. I think we would hope and expect that we can move forward from today privately in that respect rather than have to trouble your Lordships with this matter any further.

  6453. CHAIRMAN: But it will not be an undertaking; it will be a private agreement?

  6454. MR MOULD: It will be a private agreement, I think, yes.

  6455. CHAIRMAN: We do not want to go into the details of that.

  6456. MR MOULD: My Lord, in a sense your Lordships have had a little bit of a progress report on where we are at. Unless there is anything further I would propose to leave it there as far as my submissions are concerned.

  6457. CHAIRMAN: Lord James?

  6458. LORD JAMES OF BLACKHEATH: Thank you, my Lord Chairman. I shall again remind the Committee that I am a member of the Bishop of Chelmsford's Committee for Religious Affairs covering this area ostensibly for the Olympics but which—

  6459. CHAIRMAN: I thought it was in the Diocese of London.