Latest Legal News

Selling Your Business? The Structure of the Transaction Really Matters

When selling your business, the structure of the transaction matters enormously and should always be the subject of professional advice. In a case on point, two women who sold their company for a seven-figure sum ended up with Capital Gains Tax (CGT) demands...

Design Rights - Inspiration is One Thing But Deliberate Copying Quite Another

Every fashion industry professional knows that innovative designs tend to spawn imitation. However, as a High Court ruling showed , there is a great difference between acceptable inspiration and illegitimate copying. The case concerned a company that sold...

Family Judge Heeds Teenage Foster Child's Wish to Change His Surname

Children do not, as a matter of law, have capacity to make important decisions for themselves – but that does not mean that their wishes and feelings are irrelevant. In an unusual case on point, the High Court gave effect to a teenage foster child's...

'Hope Value' Boosts Compulsory Purchase Compensation Award

The likelihood of planning consent being granted in respect of a plot of land can be a crucial determining factor when assessing its value. As an Upper Tribunal (UT) ruling showed , the existence or otherwise of such so-called 'hope value' is often the...

Railway Infrastructure Company Pays Price for Infringing Competition Law

If you have suffered financial loss due to another's breach of competition law, expert lawyers will see to it that you are fairly compensated. In a case on point, a provider of supplier assurance schemes that was for years kept out of the railway...

Trade Union Targeted by Social Media Campaign Awarded £50,000 Damages

No matter how strongly you may feel, you should pause for thought before venting your spleen on social media. As a High Court ruling showed, expressions of regret after the mouse has been clicked may not be enough to save you from the crushing legal...

What is a 'Controversial' Planning Application? High Court Gives Guidance

If you object to a planning application, you are perfectly entitled to encourage others to join you in voicing opposition. However, as a High Court ruling showed , the fact that objections may, in effect, come from a single source is relevant to the...

Family Judge Labours to Achieve Fairness Between Debt-Laden Divorcees

So-called 'big money' divorces may grab the headlines, but lower-value disputes can often be the hardest to resolve. In a case on point, a family judge laboured to meet the reasonable needs of a divorcing couple whose debts far exceeded their modest...

Company Fined £150,000 for Failure to Comply With Information Notice

If you are facing a tax inquiry, a lawyer will advise you that there are a wide variety of sensible steps you can take. However, as was underlined by an Upper Tribunal (UT) ruling , repeatedly failing to comply with HM Revenue and Customs (HMRC) requests...

Hard Negotiation or Economic Duress? High Court Gives Guidance

Businesspeople who personally guarantee corporate debts may feel they are under such extreme pressure to do so that they have no choice. As a High Court ruling showed, however, only in very rare cases will judges find that such pressure crosses the line...

Forced to Shut Your Commercial Premises During Lockdowns? Read This

Numerous hospitality and other businesses suffered crushing losses when they were denied access to their commercial premises during COVID-19 lockdowns. However, many of them can take comfort from the High Court's ground-breaking ruling that a group of...

Overseas Surrogacy Can Be a Legal Quagmire - Always Seek Expert Advice

Overseas surrogacy arrangements are an effective means of completing families. As a High Court ruling showed , however, they are notoriously replete with legal pitfalls and should never be entered into without first taking professional advice. The case...

Christening a New Business? It's Madness Not to Seek Professional Advice

When christening a new business it is madness not to take professional advice so as to ensure that you are not transgressing anyone else's intellectual property rights. A case on point concerned a modest Chinese takeaway that shared the same name as an...

Incorporation of English Jurisdiction Clause Arguably 'Went Without Saying'

In a novel decision of interest to the international trading community, the High Court ruled it arguable that an English jurisdiction clause was incorporated in a petroleum supply contract notwithstanding that the alleged deal was done informally over the...

Rugby Club's Expansion Plans Not Inhibited by 1922 Restrictive Covenant

Land is often sold subject to restrictive covenants that inhibit the use to which it can be put. As a guideline Court of Appeal ruling showed , however, the distinction between restrictions that provide a personal benefit to the vendor alone and those that...

Judge Opens New Chapter in Woman's Life by Dispelling Dark Family Secret

Dark secrets lurking in your family background are likely to cause you untold pain. As one case showed , however, bringing the truth to light in the safe environment of a family court can draw the sting and bring peace to you and future generations. The...

Risk of Industrial Action is a Fact of Business Life - Court of Appeal Ruling

Strike action that grounded an airline's planes did not amount to an 'extraordinary circumstance' that justified passengers being denied compensation after their flights were cancelled. In reaching that conclusion, the Court of Appeal observed that...

Accurate Record-Keeping Saves Clothing Traders from Swingeing VAT Bills

HM Revenue and Customs (HMRC) investigations can be a daunting and potentially very costly experience for any business. However, as a tax tribunal ruling showed, clear and comprehensive record-keeping is the best defence. The case concerned two traders in...

Design Rights - Tourist Hoodies and T-Shirts Lack Novelty, High Court Rules

For a design to qualify for protection as intellectual property, it must both be novel and have individual character. In a guideline case, the High Court found that the design of Union Jack-emblazoned hoodies and T-shirts, targeted at the London tourist...

Equal Sharing Principle Delivers Fair Result in £6 Million Divorce Case

When it comes to divorce, it is very common for one spouse to argue that he or she should receive the lion's share of the marital wealth. However, as a guideline case concerning an entrepreneurial couple showed , fairness usually demands that an equal...

Empty Cinema Blaze Triggers Landmark Court of Appeal Ruling

When marketing commercial premises, they obviously have to be made available for inspection by prospective buyers, tenants or their representatives – but to what extent, if any, do such visitors owe the property owner a duty of care? The Court of...

Media Contract Dispute - COVID-19 Pandemic Was a 'Force Majeure Event'

The suspension of live sporting events during the COVID-19 pandemic was a force majeure event that justified early termination of a media rights contract. The High Court so ruled in a case of great significance to the business community . After a tendering...

Companies and the Concealment of Land Ownership - High Court Ruling

A bewildering array of corporate structures is all too commonly used to conceal the real ownership of property. However, as a High Court case showed, judges are well versed at finding their way through the maze and uncovering the true position. The case...

Judge Overturns Divorce Decree Based on Wife's Forged Signature

Court orders are sometimes obtained by improper means, but when the truth emerges – as it almost always does – those responsible are bound to pay a crushing price. That was certainly so in the case of a businessman who obtained a divorce on the...

High Court Aids Ship Designer in 'Blatant' Breach of Confidentiality Case

Trade secrets are the lifeblood of many businesses and the law will provide powerful assistance in protecting them. That was certainly so in the case of a ship design company whose confidential information was blatantly misused by a prospective client. ...
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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