Davies & Anor v Bramwell & Ors

Davies & Anor v Bramwell & Ors

Permission to appeal is granted on the issue of rights of way over the blue land as there are reasonable prospects of success; permission is refused on the costs issue as the trial judge's discretion was not exercised wrongly in principle.

Parties
Claimant/applicant: Annette Davies; Claimant/applicant: Onsite Concrete Limited; Defendant/respondent: Nigel Robert Bramwell; Defendant/respondent: William Henry David Bramwell; Defendant/respondent: William Peter Webb
Jurisdiction
England and Wales
Judgment Date
25 October 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal (oral Renewal)
Outcome
Permission to appeal granted on the blue land issue; refused on costs issue; stay of interim payment order granted with conditions; other procedural directions given.
Legal Topics
Boundary Dispute, Rights of Way, Costs Orders, Appeal Procedure
Property Law Civil Procedure Boundary Dispute Rights of Way Costs Orders Appeal Procedure

Case Brief

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Parties

Annette Davies

Claimant/applicant

Onsite Concrete Limited

Claimant/applicant

Nigel Robert Bramwell

Defendant/respondent

William Henry David Bramwell

Defendant/respondent

William Peter Webb

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (oral Renewal)

Legal Issues

  1. 1 Whether the defendants were entitled to rights of way over the claimant's land (the blue land) by virtue of a 1976 conveyance
  2. 2 Whether the trial judge erred in not distinguishing between the two claimants in the costs order

Ratio Decidendi

Permission to appeal is granted on the issue of rights of way over the blue land as there are reasonable prospects of success; permission is refused on the costs issue as the trial judge's discretion was not exercised wrongly in principle.

Court Disposition

Permission to appeal granted on the blue land issue; refused on costs issue; stay of interim payment order granted with conditions; other procedural directions given.

Orders

  • Permission to appeal granted on the blue land issue only
  • Permission to appeal on costs issue refused