Askan v Trustees of St Asaph Conservative Club [2025] EWHC 1955 (KB) (24 July 2025)

Askan v Trustees of St Asaph Conservative Club [2025] EWHC 1955 (KB) (24 July 2025)

The judge found, on the balance of probabilities and after tracing conveyancing history, that the Respondent held registered title to part of the contested land and had acquired adverse possession over the remainder. The Respondent had a prescriptive right of way over the Path. The Applicant's claims for harassment, nuisance, and data protection breaches failed as the Respondent's conduct was lawful. No procedural irregularity or bias was established. The grounds of appeal were not reasonably arguable.

Citation
[2025] EWHC 1955 (KB)
Parties
Claimant/applicant: Cam Askan; Defendant/respondent: Trustees of St Asaph Conservative Club
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Appeal (permission to Appeal) / Oral Renewal of Application for Permission to Appeal High Court Order
Outcome
Permission to appeal refused
Legal Topics
Adverse Possession, Land Registration, Easements, Trespass, Harassment, Nuisance, Data Protection, Civil Appeals
Property Law Civil Procedure Adverse Possession Land Registration Easements Trespass Harassment Nuisance +2 more

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Parties

Cam Askan

Claimant/applicant

Trustees of St Asaph Conservative Club

Defendant/respondent

Procedural Posture

Appeal (permission to Appeal) / Oral Renewal of Application for Permission to Appeal High Court Order

Legal Issues

  1. 1 Whether the trial judge erred in finding the Respondent had title and/or adverse possession of the contested land
  2. 2 Whether the trial judge erred in granting a prescriptive easement over the Path
  3. 3 Whether the trial judge erred in dismissing claims for harassment, nuisance, and breach of Data Protection Act 2018

Ratio Decidendi

The judge found, on the balance of probabilities and after tracing conveyancing history, that the Respondent held registered title to part of the contested land and had acquired adverse possession over the remainder. The Respondent had a prescriptive right of way over the Path. The Applicant's claims for harassment, nuisance, and data protection breaches failed as the Respondent's conduct was lawful. No procedural irregularity or bias was established. The grounds of appeal were not reasonably arguable.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • Application to rely on amended grounds of appeal dismissed as abusive