Carter & Anor v Cole & Anor

Carter & Anor v Cole & Anor

The Coles derogated from the grant by interfering with the visibility splay, which was essential for the exercise of the right of way for commercial vehicles. The Carters were entitled to a mandatory injunction to restore the splay and damages for loss of commercial use, but the quantum of damages was reduced to £20,000.

Parties
Claimant/respondent: Terence John Carter; Claimant/respondent: Jane Frances Carter; Defendant/appellant: Jeffrey Mark Cole; Defendant/appellant: Jacqueline Pamela Cole
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed save as to quantum of damages, which was reduced.
Legal Topics
Derogation From Grant, Right of Way, Injunctions, Damages
Property Law Land Law Derogation From Grant Right of Way Injunctions Damages

Case Brief

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Parties

Terence John Carter

Claimant/respondent

Jane Frances Carter

Claimant/respondent

Jeffrey Mark Cole

Defendant/appellant

Jacqueline Pamela Cole

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendants derogated from the grant of a right of way by interfering with the visibility splay
  2. 2 Whether a mandatory injunction should be granted to restore the splay
  3. 3 Whether the calculation of damages by the trial judge was correct

Ratio Decidendi

The Coles derogated from the grant by interfering with the visibility splay, which was essential for the exercise of the right of way for commercial vehicles. The Carters were entitled to a mandatory injunction to restore the splay and damages for loss of commercial use, but the quantum of damages was reduced to £20,000.

Court Disposition

Appeal dismissed save as to quantum of damages, which was reduced.

Orders

  • Mandatory injunction to restore the visibility splay upheld
  • Damages awarded reduced to £20,000