Latest Legal News
Traders who choose to put tax at the bottom of their payment priorities are asking for trouble. However, in one case, a businessman persuaded a tax tribunal that he acted reasonably in delaying VAT payments so that he could pay his hard-pressed staff in...
You might think that the making of a care order implies blame on the part of a child's parents. However, as a family judge's ruling in the case of a tragedy-struck 14-year-old girl made plain , you would certainly be wrong about that. The girl was brought...
Tough sanctions imposed in response to Russia's invasion of Ukraine have left many Russian-owned companies in a state of zombie-like paralysis. However, as a High Court ruling showed, insolvency practitioners are working hard to ensure their orderly...
Many commercial leases appear to confer on landlords a wide and unilateral power to calculate and demand payment of service charges. An important Supreme Court ruling , however, indicates that they may not enjoy quite such a whip hand in future. A...
Business owners who feel that their non-domestic rates bills are unfairly high should seek professional advice without delay. The point was powerfully made by the case of a determined hotel owner who successfully argued that the valuation of his premises...
When life partners are in business together, they all too frequently pay scant regard to the legal requirements involved in running a company. As a High Court ruling showed , however, such an informal approach can have serious and unforeseen consequences in...
It is quite common for divorcees to claim that they have been placed under undue pressure to strike an unfavourable financial deal. In a big money case, however, a judge ruled that a wife was no lamb to the slaughter but voluntarily signed up to a...
Community open spaces and leisure facilities are heavily protected by planning law. However, as a High Court ruling showed, even they must sometimes make way for strategic developments that are considered to serve the wider public interest. The case...
The owners of established brands often complain that trade rivals are mimicking the get-up of their products and trading on their hard-won reputations. As a High Court ruling in the context of the premium vodka market showed , however, proving such...
If you were to sell a work of art on the strength of professional advice only to see it sold on soon afterwards for a very much higher price, you might be forgiven for feeling hard done by. However, as a guideline High Court ruling showed , it by no means...
The fathers of those who are given up for adoption as babies are often not identified on their birth certificates and that can be a painful barrier to their formation of cultural and family identities in later life. As a High Court ruling showed, however,...
5G mobile phone masts are sprouting up all over the country and most people would agree that there is a real need for them. However, as a High Court ruling showed, they are not wholly exempt from planning rules and they cannot be located just anywhere. A...
HM Revenue and Customs (HMRC) are always on the alert to spot businesses that suppress their cash takings with a view to avoiding tax. However, as a tax tribunal ruling concerning an insolvent fish and chip shop chain showed , suspicions of deliberate...
Legal challenges by losing tenderers to the outcome of public procurement exercises are relatively common, but it is very much rarer for a judge to be asked to nip such an exercise in the bud. That, however, is exactly what happened in a case concerning NHS...
When spouses each make valuable contributions to a long marriage, the general rule is that marital assets should be divided equally in the event of divorce. As an unusual High Court ruling concerning the validity of a French marriage contract showed,...
The importance that planning policy gives to the preservation of heritage assets was underlined by a High Court case in which planning consent for a controversial high-rise apartment block in an iconic riverside location was overturned. The relevant site...
Even the most sophisticated companies can fall victim to ransomware and online blackmail. However, as a High Court ruling showed, judges have a formidable arsenal of powers to tackle such abuse and are on duty day and night. The case concerned a company...
Judges take a robust approach to enforcing contract adjudicators' decisions and will only overturn them if they have been made in excess of jurisdiction or in serious breach of the rules of natural justice. The High Court made that point in a case...
Should NHS trusts be permitted to provide VAT-free parking to patients, staff and visitors, or would that amount to an impermissible distortion of competition? With around £70 million in tax at stake, the Upper Tribunal (UT) has decisively answered...
Waste dumping scars the landscape but it can be very hard to identify perpetrators, who commonly take steps to cover their tracks. In one case, however, a judge was able to pinpoint those responsible for depositing close to 20 tonnes of waste in a disused...
Delays in surrogacy treatment in England may be long but, as a High Court ruling showed , those who look abroad to fulfil their desire for parenthood may well be placing their own and their children's legal status at risk. The case concerned a same-sex...
When Paddington Bear took tea with Her Late Majesty the Queen during her platinum jubilee celebrations, a developing High Court dispute concerning the proper interpretation of a clause in a royalty distribution agreement (RDA) is unlikely to have featured...
It is increasingly commonplace for owners of vacant commercial buildings to permit their occupation by so-called 'property guardians' with a view to protecting them from squatters and vandals. As an Upper Tribunal (UT) ruling showed , however, such...
Some couples have second thoughts in the midst of divorce proceedings and get back together. However, in a unique decision, the High Court has ruled that the resumption of a toxic relationship does not amount to marital reconciliation . The case concerned...
In many commercial disputes one deceptively simple, but at the same time crucial, question arises: whether particular terms and conditions are incorporated in a contract. A High Court ruling provided an excellent illustration of how the legal principles that...
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.”
- 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.
- A declaration from the Court as to the extent of the right of way.
- 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.
- 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.
