||All England Reporter
|| All ER (D) 242 (Jan)
|| EWCA Civ 21
||Court of Appeal, Civil Division
Lord Justice Rimer and Lord Justice Ryder
||Robert Darbyshire (instructed by Poole Alcock LLP, Cheshire) for the claimants.
||Simon Butler (under the Direct Access Scheme) for the defendant.
||23 January 2014
Easement - Right of way - Disturbance - What amounts to disturbance - Claimants having right of way over defendant's land - Claimants seeking interim injunction to require defendant to remove obstructions from right of way - Claimants issuing proceedings alleging substantial interference with right of way - Claimants seeking to amend particulars of claim - Judge allowing claim on limited grounds and awarding the claimants' costs - Defendant appealing - Whether substantial interference - Whether judge erring in awarding costs of amended particulars of claim - Whether judge erring in awarding costs of interim injunction - Whether judge erring in awarding costs to the claimants.
Easement Right of way. The claimants issued proceedings alleging interference with their of a right of way over the defendant's property. The trial judge granted a declaration defining the right of way, damages and ordered the defendant to pay the claimants' costs of an interim injunction, amended particulars of claim and trial. In dismissing the appeal in part, the Court of Appeal, Civil Division, held that the judge had not erred in holding that the defendant had substantially interfered with the reasonable use of the right of way. In relation to costs, the trial judge had not erred in ordering the defendant to pay the claimants' costs, but he had erred in ordering the defendant to pay the costs of the amended particulars of claim and the claimants' interim injunction.
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