Source: All England Reporter
Publisher Citation: [2008] All ER (D) 210 (Jun)
Neutral Citation: [2008] EWHC 1286 (Admin)
Court: Queen's Bench Division, Administrative Court

Blake J

Representation Simon Butler (instructed by Marsh Brown & Co) for the claimant.
  M Lewis (instructed by KM Nicholson) for the authority.
Judgment Dates: 11 June 2008


Highway - Access - Vehicular access - Claimant applying for crossover to access garage - Authority refusing application - Authority subsequently constructing crossover - Claimant seeking written decision of his entitlement to use crossover - Whether claimant entitled to mandatory order for decision.

The Case

The claimant's academic application for a mandatory order for a declaration to be made concerning his access over a crossover to his garage, in circumstances where the crossover had been constructed to provide access, was dismissed as it had become clear he was entitled to such access when the crossover had been constructed.

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