Latest Legal News

Email Footer Counts as Signature, High Court Rules

In a recent property case that will have a bearing on all contractual matters, the High Court ruled that a footer automatically appended to an email amounted to a legal signature and led to a contract for the sale of land being formed. A couple who owned...

High Court Umpires Fierce Row Over Pharmaceuticals Company's Future

Shareholder disagreements as to the direction a company should take are generally fought out behind closed doors. However, as a High Court case concerning the future of a troubled pharmaceuticals company showed, judges are always there to act as umpires...

Packaging Patents Not Inventive Enough to be Valid

Patent protection is a valuable privilege that is only afforded to ideas and products that are genuinely novel and inventive. In a case on point, the High Court declared invalid two patents in respect of plastic food packaging on the basis that the central...

Family Judge Grasps Nettle in Sending Baby Boy to Live With His Father

Family judges are always absolutely focused on the welfare of children and will not shrink from grasping nettles to give them the best chance of leading fulfilled and happy lives. That was certainly so in one case in which a judge ordered that a baby boy be...

Upper Tribunal Paves Way for Former Corporate HQ's Conversion Into 114 Flats

Record employment levels mean strong demand for office space, but the need for more new homes is perhaps even more pressing. A case concerning proposals to convert an office block into 114 flats highlighted the difficulty of balancing those requirements. ...

Can Wild Animals Ever Be Owned By Anyone? Novel High Court Ruling

It may seem obvious that no one can own a wild animal. However, in a novel case of interest to property professionals – and anglers – the High Court has ruled that there are nevertheless property rights in wild fish held in captivity in a...

Legal Landscape is Complex When Tenants Seek to Buy Freehold of Flats

Flat tenants in certain circumstances have the right to band together and acquire the freehold of the blocks in which they live. However, as a High Court decision showed , the process of doing so is replete with legal pitfalls and those who fail to take...

Court Orders Must Be Obeyed

Public confidence in the civil justice system would collapse if court orders were not rigorously enforced – however agonising complying with them may be. The point was made by a case in which a divorcee who refused to move out of her home of 25 years...

HMRC Threaten Investigation Over Disguised Remuneration Schemes

Sometimes, it is difficult to understand why many people don't seem to put as much effort into making profits as they do into trying to avoid paying tax. Tax avoidance is a red rag to a bull as far as HM Revenue and Customs (HMRC) are concerned. They have...

A Contract Is What it Says

When you enter into a contract, you are agreeing to be bound by what it says, not by what you think it means. Only rarely, such as when the meaning would make no commercial sense, will the court substitute its own view of the meaning of the contract if the...

High Court Overturns Planning Decision for Bungalows Development

It may come as a surprise to many that local authorities are under no statutory obligation to give reasons for their planning decisions. However, as a High Court case concerning a residential development showed , a lack of explanation can render such...

Copycat Design Proves Expensive for Retailer

There is almost nothing more frustrating for businesses than to see their successful products imitated by rivals. However, as a High Court case showed, expert lawyers are more than capable of putting a stop to such conduct if it amounts to a breach of...

Growing Number of Cohabiting Couples Leaves More Families Open to Risk

Cohabiting couples are the fastest-growing family type in the UK, according to newly released figures from the Office of National Statistics (ONS). The ONS reports that the number of cohabiting couple families continues to grow faster than the number of...

Company Pays Crushing Price for Failing to File its Accounts On Time

The consequences of a company being struck off the Companies House register – even temporarily for nothing more than an administrative failure – can be catastrophic. In a case on point, a company that suffered that fate sacrificed the profits it...

Agricultural Tenancies Are Complex - Always Seek Professional Advice

When a farmer dies, close relatives are in certain circumstances entitled to succeed to any agricultural tenancies he or she held. However, strict time limits and other procedural rules apply to the exercise of that right, which is why bereavement should not...

Ripped Off By a Crooked Employee? You May Be Entitled to Tax Relief

Losing money at the hands of a crooked employee is a sadly familiar experience for many businesses, but what are the tax consequences of such deceit? The First-tier Tribunal (FTT) tackled that issue in the case of a catering supplies company whose manager...

Where, If Anywhere, Do the Jet Set Call Home? High Court Gives Guidance

Very rich people often live jet set lifestyles of ceaseless travel, so pinning down the country in which they are domiciled can be a serious challenge. The High Court faced exactly that difficulty in a case concerning the acrimonious breakdown of a...

Reached an Important Agreement? Get a Lawyer to Record It in Writing

Agreements are frequently reached behind closed boardroom doors, but a failure to engage a professional to record them, contemporaneously and in writing, can cause serious problems down the line. That was certainly so in one case concerning the tax...

Refused Planning Permission? You Are Entitled to Know the Reason Why

A fundamental principle of good government is that anyone on the receiving end of an adverse decision is entitled to know why it was made. In a case on point, the High Court came to the aid of a housing developer who could only speculate as to the reason...

Big Money Divorce Engages Family Judge in Company Valuation

Companies are notoriously difficult to value, and particular problems can arise when they form the principal assets to be divided in divorce proceedings. In a big money case on point, the High Court bridged a huge gulf between the value placed by a wife...

Motor Industry Worker Who Profited From Theft of Data Ordered to Pay £25,500

In November 2018, a motor industry worker, Mustafa Kasim, was given a six-month prison sentence for accessing motorists' personal data on his employer's computer system without authorisation and selling it to rogue telemarketers. The case was brought by the...

Hotel Under Duty to Protect Guests Against Third-Party Criminal Acts

Can businesses owe a duty to protect customers on their premises from the criminal acts of others? In a test case concerning a horrific attack on three hotel guests , the High Court has ruled that, in certain circumstances, the answer to that question is...

Reasonable Endeavours Clauses Can Have Teeth

Unreasonable delay in fulfilling the terms of a contract is an unwise policy, as a recent dispute that ended up in the Court of Appeal shows. When a developer wished to build an ice-skating rink, its first priority was to secure a clear title to the...

Divorced Overseas? English Family Judges Can Still Help You!

If you have been divorced abroad but are habitually resident in this country, English family judges have the power to ensure that you receive a fair share of the marital assets. In a case on point , the High Court awarded a woman whose marriage was...

Construction Industry VAT Changes Ahead

Businesses in the construction industry are reminded that on 1 October 2019 the new VAT domestic reverse charge will come into force. This is being introduced as an anti-fraud measure and will see a major change in accounting for VAT on some construction...
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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