Latest Legal News

Twelve-Month Delay for IR35 Tax Reforms

Controversial changes to the IR35 off-payroll working rules have been shelved until April 2021, in response to the coronavirus pandemic. The government is delaying the reforms for a year to help businesses and individuals, but says the move is 'a deferral...

Digital Comms Company Fined £100,000 Over Unsolicited Marketing Texts

Direct marketing messages that appear uninvited on mobile phones are viewed as a plague by many and those responsible for sending them can expect to be hit hard in the pocket. In one case, a digital communications company received a six-figure fine after...

HSE Support for Hand Sanitiser Manufacturers

The Health and Safety Executive (HSE) has taken steps to support hand sanitiser manufacturers as UK production increases to tackle the coronavirus. Spurred by unprecedented demand for biocidal hand sanitiser products during the coronavirus outbreak, the HSE...

Cruelly Deceitful Husband Ordered to Pay Betrayed Ex-Wife £2.25 Million

Where blame, if any, attaches for the breakdown of a marriage is generally irrelevant when it comes to dividing assets following divorce. However, as a cruelly deceitful husband discovered to his cost, bad behaviour can have consequences in that it is hardly...

Reinstatement Value - Factory Fire Triggers Insurance Test Case

Many insurance policies state that amounts payable in the event of loss or damage to property will be calculated on a reinstatement basis – but what exactly does that mean? The Court of Appeal considered that fundamental issue in the context of a...

Validity of Marriage - Court of Appeal Takes Rigorous Approach

The full rigour of formalities that must be gone through in order to solemnise a marriage have been upheld in a landmark case. The Court of Appeal found that a ceremony performed in a restaurant which was not registered as an authorised wedding venue was a...

Facing a Legal Claim? Sitting On Your Hands is Simply Not an Option

If you are on the receiving end of a legal claim, sitting on your hands is simply not an option and you should seek advice straight away. In a case on point, a property company which signally failed to engage in court proceedings was hit with a very...

When Do Two Offices Become One for Rating Purposes?

Are adjacent commercial properties in common occupation, but divided by a service area, to be treated as one unit or two for business rates purposes? The Upper Tribunal (UT) has tackled that thorny issue in a case that clarified the law and will have...

Copyright Protection - What is a 'Work of Artistic Craftsmanship'?

Works of artistic craftsmanship are, if original, entitled to copyright protection – but what exactly does the phrase mean? In a ruling that clarified the law , the High Court found that a clothing fabric featuring a woven 'wave' design fitted the...

Dishonest Tax Evasion - Directors Cannot Hide Behind the Corporate Veil

Directors who are complicit in dishonest tax evasion cannot use the corporate veil to escape the consequences of their wrongdoing. The point was powerfully made by a case in which the boss of an engineering company was ruled personally liable to pay a...

Gender-Neutral Sharing of Assets on Divorce is Not Always That Simple

A gender-neutral and non-discriminatory approach to divorce generally requires an equal division of marital assets – but it is not always that simple. In one big-money case, complexities arose in respect of the husband's inherited assets and his wish...

Cafe Tenants Pay Price for Entering Into Unauthorised Sublease

Many commercial leases ban tenants from subletting the premises and breaching such embargoes can have severe consequences. In one case, tenants of a local authority-owned café sacrificed their rights by subletting it to a company. The tenants, who...

Communications Company Fined £7 Million for Overcharging Error

Utility providers are subject to tight regulation in order to ensure free competition and fair dealing with the public, and if they break the rules – even inadvertently – they can expect heavy financial penalties. In one case, a communications...

Former Couple's Division of Property Decided By Judge

Unmarried couples frequently intermingle their property whilst love still blooms, but sorting out who owns what after separation can pose a serious challenge. That was certainly so in the case of a former couple who, between them, owned two former council...

Protecting Brand Names - BMW Comes Down Hard on Small Businessman

Companies that spend millions on establishing their brands in the public mind have the comfort of knowing that the law will protect their investments. In a case on point, vehicle manufacturer BMW came down hard on a small businessman who set up a company...

Council Clamps Down on Overcrowded Flats - Landlords Take Note!

The burgeoning demand for rented accommodation has encouraged some landlords to create flats which are not large enough to swing a proverbial cat. However, as a decision of the First-tier Tribunal (FTT) strikingly showed, local authorities have the power to...

Sale of Defective Refrigeration Unit Triggers Guideline High Court Ruling

If you have bought goods that turn out to be unfit for purpose, the general rule is that you are entitled not only to your money back but also to compensation for additional losses arising. A case on point concerned a refrigeration unit which failed,...

Government Reviews Off-Payroll Rule Change Implementation

The government has launched a review into the implementation of forthcoming changes to the off-payroll working rules. Intended to address concerns from businesses about the changes, the review will consider whether any additional steps can be taken to...

Adoption Only Justified If Nothing Else Will Do

Adoption of children outside their natural families is always a last resort and will only be permitted if nothing else will do. The Court of Appeal made that point in coming to the aid of a couple whose son was taken from their care when he was just two...

HS2 Compulsory Land Acquisition - Court of Appeal Cautionary Tale

If you receive notice that your commercial property is to be compulsorily purchased to make way for a public infrastructure project, the only wise course is to take legal advice immediately. A Court of Appeal case concerning the HS2 railway project ...

Golf Clubs Maker Heavily Fined for Anti-Competitive Internet Sales Ban

The ever-increasing dominance of the internet as a sales medium was the focus of a landmark Court of Appeal case in which a bespoke golf club manufacturer that banned its authorised dealers from selling its products online was fined over £1 million...

High Court Backs Big Money Divorce Wife's Pursuit of Fraudulent Husband

It is hardly surprising that confidential or privileged documents which have or may have been illegitimately obtained cannot be used in evidence. However, as the High Court made clear in the context of a big money divorce case , that rule does not apply...

Commercial Landlords Not Liable for Carbon Monoxide Poisoning Outbreak

Do landlords of commercial premises continue to be occupiers of the premises, thus owing a duty of care to tenants' visitors? In a guideline case concerning an outbreak of carbon monoxide poisoning at a beauty school, the High Court has answered that...

Deliberate Infringement of Trade Marks is a Crime

Deliberate infringement of others' trade marks is a crime and perpetrators can expect severe punishment. In one case, a businessman who rode roughshod over a former trading partner's goodwill received a suspended prison sentence and a five-year...

Directors Must Subsume Their Interests to Those of the Company

Directors are obliged to put their own interests to one side in making decisions for the benefit of the companies they serve. The Court of Appeal emphasised that point in the case of a businessman who executed an unauthorised transfer of a company's...
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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