Latest Legal News

Workplace Data Leaks - Motor Insurer Wins Six-Figure Compensation

Miscreant employees often form the first link in a chain which feeds the black market in personal data. However, as a ground-breaking High Court ruling showed , anyone who profits from the use of such illicitly leaked material risks being hit hard in the...

Cricket Club Pays Price for VAT Zero-Rating Blunder on New Pavilion

The law relating to VAT zero-rating in connection with construction projects is highly complex and the consequences of making a mistake can be severe. In one case, a cricket club was left ruing its failure to take professional advice after wrongly issuing a...

Adoption is Always a Last Resort - Troubled Mum Achieves Redemption

One of the hardest tasks that family judges have to undertake is to remove children from the care of parents who are incapable of looking after them. However, as one case showed , adoption of children outside their natural families is only ever a last...

Scaffolding Triggers Commercial Tenant's 'Peaceful Enjoyment' Complaint

Included in almost every commercial lease is a covenant which confers on the tenant a right to peacefully enjoy the premises. One such provision came under close High Court analysis in the case of a dentist whose practice was encased in scaffolding whilst...

Finance Company Behind Direct Marketing Email Campaign Fined £60,000

Unsolicited direct marketing emails, sent without informed consent, are viewed as a modern scourge by millions and those who engage in such campaigns can expect severe punishment. In one case, a finance company which broke the rules when promoting pre-paid...

The Truth Will Out! Judge Rules £12 Million Loan Contracts Worthless

Judges are sadly familiar with attempts to hoodwink them, but the great advantage of the litigation process is that, in the vast majority of cases, the truth will out. In a case on point, the High Court dismissed a £12 million claim after ruling a...

High Court Orders Restaurant Chain to Complete Commercial Lease

Does an agreement to enter into a commercial lease come to an end if the identity of the prospective landlord changes? The High Court tackled that thorny issue in a case concerning new-build restaurant premises. A restaurant chain agreed with pension...

Family Judge Blocks Attempt at Divorce Tourism in Big Money Case

English judges are respected around the world – but they are not the sole arbiters of fairness and the decisions of foreign courts must be respected. A family judge made that point in shutting the door on divorce tourism and refusing a Russian...

Luxury Car Maker Defeated in David v Goliath Trade Mark Dispute

Trade marks are a powerful means of protecting your unique brand, even against much larger or more prestigious potential competitors. In one case, a small clothing company which sold its wares under the name 'Bentley' scored a High Court win over household...

Fraudster Warning From HMRC as Self-Assessment Deadline Looms

HM Revenue and Customs (HMRC) are warning self-assessment customers to be on alert for potential scams, as the 31 January tax return deadline approaches. HMRC's dedicated Customer Protection team is tasked with identifying and shutting down scams but the...

Landlord Fends Off Leasehold Enfranchisement Risk - Supreme Court Ruling

Most leases contain covenants that forbid tenants from doing certain things without their landlords' consent, such consent not to be unreasonably withheld. The meaning and effect of such provisions came under Supreme Court analysis in an important test...

High Court Assists Husband in Drawing a Line Under His Divorce

Litigation can be long and bitter, but it is the prime objective of the justice system to eventually bring it to a satisfactory end. In a case on point, the High Court came to the aid of a husband in drawing a line under his divorce . The case concerned a...

Rival Products' Purple Packaging Triggers High Court Row

Consumers do not always read labels, so the packaging of a product, and its colour in particular, can be crucial in establishing brand loyalty. In a guideline case, the High Court considered whether the purple livery shared by rival pharmaceutical products...

Computer Guru Wins Big VAT Rebate on Luxury Cars Used for Business

VAT can be reclaimed on motor vehicles that are used, and made available for use, solely for business purposes – but that can be extremely difficult to prove. In one case, however, a computer specialist was granted a £20,805 VAT rebate after...

Two Innocent Victims of the Same Fraud - Where Does the Loss Fall?

It is a sad fact that sophisticated fraudsters can intercept emails or other digital traffic in order to divert payments away from their intended recipients – but where should losses arising from such deceit fall where there is more than one innocent...

Neighbourhood Plans - Court Postpones Local Referendum in Legal First

Neighbourhood plans are an increasingly common means by which local people are given the chance to express their views on the future character and appearance of the areas where they live. However, in a legal first, the High Court ordered postponement of a...

Divorce is Often Bitter, But Maintaining a Sense of Proportion is Crucial

Amidst the emotional and financial destruction that can arise from divorce, keeping a sense of proportion is crucial. The Court of Appeal made that point in lamenting a former couple's expenditure of more than £500,000 in legal costs fighting over an...

Estate Agency Fined £80,000 for Exposing 18,000 Tenants' Data to Hackers

Businesses that store their clients' personal data are under a strict legal duty to keep it secure and any failure to do so is likely to have serious financial and reputational consequences. An estate agency whose negligence and technical ineptitude left the...

Twelve Month Reprieve on Construction Industry VAT Changes

The introduction of the new VAT domestic reverse charge for construction services , originally due this October, has been postponed until October 2020. The extended timeframe comes after businesses in the construction sector raised concerns that they would...

Failing to Disclose Assets Can Bite Back in Divorce

In a case illustrating the importance of candour regarding financial circumstances in divorce proceedings, a husband who failed to disclose the true extent of his wealth to family judges was subsequently ordered to pay his ex-wife a seven-figure lump sum,...

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. ...
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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