| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 82 (Mar) |
| Neutral Citation: | [2012] UKPC 7 |
| Court: | Privy Council |
| Judge: | Lord Hope, Lord Mance, Lord Clarke, Lord Sumption and Lord Reed |
| Representation | Allan S Wood QC and Teri-Ann Gibbs (instructed by MA Law (Solicitors) LLP) for the appellants. |
| Rose M Bennett-Cooper and Crislyn Beecher-Bravo (instructed by Charles Russell LLP) for the authority. | |
| Judgment Dates: | 7 March 2012 |
Catchwords
Jamaica - Local authority - Action against local authority - Respondent local authority approving development (development) - Appellants owning lots on development - Local authority introducing parking charges in parts of development - Appellants bringing proceedings asserting right to access and park on those parts free of charge on basis of easement - Declarations being granted in favour of appellants - Orders being set aside by Court of Appeal of Jamaica - Appellants appealing to Privy Council - Whether right of way being impliedly granted as easement.
The Case
Jamaica Local authority. Privy Council: In dismissing an appeal in respect of a claim to an easement, it was held, inter alia, that there was nothing in the evidence to support the attribution to the parties of an intention to create an easement of way rather than, or in addition to, the public right of passage.
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