Latest Legal News

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...

Forfeiture of Commercial Leases - Court of Appeal Test Case

Commercial tenants whose rights are trampled upon by their landlords are far from powerless and should seek legal advice right away. A shopkeeper who did just that after his lease was unlawfully forfeited and his stock seized won the right to substantial...

Couple Subjected to Race Discrimination By Adoption Agency Win Damages

Race discrimination may not be intentional, but it can be deeply hurtful and, with the right legal advice, victims can both express their disgust and secure compensation. In a striking case on point , a Sikh couple who were rejected as potential adopters...

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...
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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