Latest Legal News

Director Oblivious to Record-Keeping Duties Receives Seven-Year Ban

One of the most important duties required of a company director is to keep, maintain, preserve and, if necessary, deliver up adequate accounting records. The High Court resoundingly made that point in imposing a seven-year directorship disqualification on...

Commercial Leases and Opting Out of Security of Tenure - Test Case Ruling

Commercial landlords and tenants may contract out of the security of tenure provisions of the Landlord and Tenant Act 1954 , but only if certain conditions are met. One of those conditions came under close analysis by the Court of Appeal in a ruling that...

COVID-19 - Do Diving Asset Values Justify Unwinding Divorce Settlements?

The value of many assets has been devastated by COVID-19 – but is that a good enough reason for setting aside divorce settlements agreed before the pandemic struck? A family judge considered that issue in a guideline case . The case concerned a...

Supreme Court Takes a 'Real-World' Approach to Rates Avoidance Schemes

When assessing whether tax mitigation schemes are effective, judges must interpret legislation in the real world and with regard to the likely intentions of Parliament. The Supreme Court made those points in a test case concerning schemes designed to avoid...

Anti-Competitive Practices - Musical Instrument Supplier Receives £5 Million Fine

There will always be some who view anti-competitive business practices as an easy route to profits, but those who engage in them can expect deterrent punishments. In one case, a supplier of musical instruments was fined over £5 million for fostering a...

Family Judge Deeply Regrets Wealthy Ex-Couple's Inability to Compromise

Judges often plead with divorcing couples to bury the hatchet rather than subject themselves to the financial and emotional self-harm of litigation. As a High Court case showed , however, such good advice is sadly not always heeded. The case concerned a...

Is It Acceptable to Poke Fun at a Competitor? High Court Tackles the Issue

Bad blood often exists between trade rivals, but is it an acceptable business practice for them to poke fun at one another? The High Court tackled that issue in the context of a trade mark dispute between tech giant Apple and Swiss watch manufacturer...

Judge Awards Substantial Damages in Scaffolding Trespass Case

Building works to extend or improve your property may involve temporary incursions onto your neighbour's land, for which permission is required. In a case that showed the serious consequences of pressing ahead without such consent , partners in a medical...

Charity-Run Restaurant Exempted from VAT - Guideline Tax Tribunal Ruling

Should potentially competitive business activities engaged in by charities be exempt from VAT? The First-tier Tribunal (FTT) confronted that issue in extending VAT exemption to supplies made by a restaurant where students with learning disabilities gain...

Website Terms and Conditions Ruled Worthless in Online Gambling Test Case

Every internet user has had the experience of mechanically scrolling through densely typed terms and conditions before being granted access to a website – but are they worth anything in law? The High Court tackled that issue in confirming an online...

High Court Rejects Divorcee's Bid to Annul Ex-Husband's Bankruptcy

It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one thing and...

Waiver of Contractual Rights by Conduct - Instructive High Court Ruling

Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre. Trustees of a unit...

High Court Grants Breathing Space to Commercial Tenant Hit by Pandemic

Many commercial tenants who are experiencing cash-flow crises due to the COVID-19 pandemic have been constrained to stop paying rent and are racing to restructure their debts – but where does that leave their landlords? The High Court squarely...

UK Internet Entrepreneur Wins £75,000 Libel Damages from Overseas Website

The advent of the internet means that spotless professional reputations, built up over decades, can be traduced at the click of a button. As one case showed, however, if you are on the receiving end of such treatment, you don't have to take it lying down. ...

High Court Ponders Habitual Residence Test in Case of Orphaned Schoolgirl

The legal concept of habitual residence is a notoriously slippery one, but the ease of global travel has rendered it ever more important in the field of family law. The point was powerfully made by the case of an orphaned schoolgirl who was born in Britain...

Property Investment Company Pays for 'Deliberate' VAT Return Default

Almost every business owner understands that feeling of desperation arising from cashflow problems. As a case concerning VAT due on a commercial property sale showed, however, treating tax liabilities as a can to be kicked down the road is never a sensible...

'Simple' Clause in Commercial Property Lease Triggers High Court Dispute

Commercial property leases can be long and complex documents, but it is often their most apparently simple clauses that give rise to dispute. That was certainly so in a High Court case concerning an airport hotel owner who was required to pay for its gas...

Never Personally Guarantee a Corporate Loan Without Legal Advice

Providing personal guarantees as security for corporate loans is for many businesspeople simply a price that has to be paid to achieve commercial success. As a High Court case showed , however, signing such a document is a momentous step that should never...

High Court Aids Record Industry to Stamp Out Stream Ripping

The internet brings many benefits, but the widespread provision of software used in wholesale copyright infringement is decidedly not one of them. The High Court powerfully made that point in assisting record companies to stamp out the latest manifestation...

Child Maintenance - Court Weighs Up Lifestyle Expectations and Resources

Sensible people accept that they have a moral responsibility financially to maintain their children, whether or not they are born in wedlock. As a High Court case showed , the extent of such responsibilities largely depends on needs, reasonable lifestyle...

Digital News Publisher Tastes Defeat in VAT Zero-Rating Test Case

Those who draft legislation cannot possibly foresee technological advances that may transform society in the future. In a case on point , the Court of Appeal considered whether VAT zero-rating, afforded to newspapers since pre-internet days, should be...

Thinking of Signing a Lease Without Legal Advice? Just Don't Do It

Entering into a lease, whether commercial or residential, without taking legal advice is, to say the least, highly unwise. A landowner who fell into that trap put himself at serious risk of an unwanted tenant moving into his newly built home. The man bought...

Husband in £64 Million Divorce Case Claims COVID-19 Hardship

COVID-19 has without doubt drastically affected the fortunes of some very wealthy people. As a High Court ruling in a big money divorce case showed , however, the pandemic does not by itself amount to a good reason for failing to meet legal and financial...

Alleged Victim of Push Payment Fraud Fends Off Winding Up Petition

So-called 'push payment' frauds – often involving bogus emails providing false bank account details – can be very convincing and represent a scourge on individuals and businesses alike. In a High Court case, a company alleged to have suffered one...

High Court Contract Dispute Focuses on Online Gambling Domain Name

Internet domain names often change hands for large sums of money and disputes in respect of their ownership are an increasing source of litigation. A High Court ruling in one such case concerned a domain name which had strategic potential in the online...
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Nuisance Neighbours and Your Right of Way

It is not uncommon for neighbours with a shared right of way to be in dispute.

That could be the result of an annoying neighbour parking vans on a shared route into a commercial estate, or someone storing items blocking the path leading to your residential home. When you challenge the relevant individual, the answer invariably comes back: “It is my right of way too.”

Rather than out of sight, out of mind, these disputes are almost always in sight and on your mind, because you may see your neighbour every day. It is therefore essential to obtain quick, effective legal advice on your options so that the situation does not escalate or continue.

 If a neighbour is interfering with your right of way, the Court can generally award you one or more of the following remedies in a legal action known as “private nuisance.”

  1. An injunction forcing your neighbour to cease the relevant interference. If the neighbour breaches an injunction, they may have to pay a fine or could even go to prison.

 

  1. A declaration from the Court as to the extent of the right of way.

 

  1. Damages from the Court for any financial loss you have suffered as a result of the interference. This is especially essential for businesses who may suffer significant losses if they are unable to access their premises due to an interference with a right of way.

 

  1. The Court could grant you the power to lawfully remove an item blocking the right of way. This is a crucial remedy in circumstances where the relevant neighbour may not be engaging with the legal process.

 

However, in order for a private nuisance claim to succeed, you will need to demonstrate to the Court that the interference with your right of way is “substantial.” You will almost certainly need independent legal advice on whether your circumstances pass that threshold test.

If a neighbour or anyone else is interfering with your right of way, please don’t hesitate to contact our George Gwynn for an initial no obligation conversation on 0121 355 0011 or at George.Gwynn@belllax.com