Davies & Anor v Bramwell & Ors [2006] EWCA Civ 1453 (25 October 2006)

Davies & Anor v Bramwell & Ors [2006] EWCA Civ 1453 (25 October 2006)

Permission to appeal is granted only on the issue relating to the blue land, as there are reasonable prospects of success on that point. The judge's refusal to distinguish between the claimants in the costs order was within his discretion and does not merit permission to appeal.

Citation
[2006] EWCA Civ 1453
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 / Oral Renewal of Application for Permission to Appeal
Outcome
Permission to appeal granted on the blue land issue only; refused on costs issue.
Legal Topics
Boundary Disputes, Rights of Way, Costs Orders, Permission to Appeal
Property Law Civil Procedure Boundary Disputes Rights of Way Costs Orders Permission to Appeal

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 / Oral Renewal of Application for Permission to Appeal

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 only on the issue relating to the blue land, as there are reasonable prospects of success on that point. The judge's refusal to distinguish between the claimants in the costs order was within his discretion and does not merit permission to appeal.

Court Disposition

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

Orders

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