Source: All England Reporter
Publisher Citation: [2013] All ER (D) 229 (Apr)
Court: Court of Appeal, Civil Division

Laws, Lewison and McCombe LJJ (judgment delivered extempore)

Representation Jonathan Wright (instructed by McManuss Seddon Runhams, Bradford) for the claimants.
  Ian Pennock (instructed by Stachiw Bashir Green, Bradford) for the defendant.
Judgment Dates: 26 April 2013


Easement - Right of way - Disturbance - Claimants issuing proceedings claiming interference with right of way over disputed land - Defendant submitting disputed land acquired by local authority as highway - Judge finding no evidence to support contention of disputed land being highway - Defendant appealing - Whether judge erring.

The Case

Easement Right of way. The Court of Appeal, Civil Division, held that a judge had been entitled to find that the claimants had established an interference with their right of way over a disputed parcel of land. The defendant had failed to adduce any evidence to support her contention that the land had been acquired by the local authority as a highway at public expense.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.