Sammut & Anor v Catchpole [2020] EWHC 3173 (Ch) (07 July 2020)

Sammut & Anor v Catchpole [2020] EWHC 3173 (Ch) (07 July 2020)

The appellants lack standing to appeal the declaration of a right of way because they neither own nor possess the land over which the right of way was declared, and their legal rights are not affected by the declaration. There is no real and present dispute between the parties as to their respective legal rights...

Source-derived case information.

Citation
[2020] EWHC 3173 (Ch)
Parties
Appellants/defendants: Steven Sammut & Sandra Sammut-Horstman; Respondent/claimant: Sally Catchpole
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Chancery Appeal / Application for Permission to Appeal and to Adduce Further Evidence
Outcome
Permission to appeal refused
Legal Topics
Easements, Right of Way, Declaratory Relief, Standing (locus Standi), Boundary Disputes, Appeals
Property Law Civil Procedure Easements Right of Way Declaratory Relief Standing (locus Standi) Boundary Disputes Appeals

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Summary, issues, holding and outcome

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Parties

Steven Sammut & Sandra Sammut-Horstman

Appellants/defendants

Sally Catchpole

Respondent/claimant

Procedural Posture

Chancery Appeal / Application for Permission to Appeal and to Adduce Further Evidence

Legal Issues

  1. 1 Whether appellants have standing to appeal declaration of right of way
  2. 2 Whether the judge erred in declaring a right of way over unregistered land not owned or possessed by appellants
  3. 3 Whether the judge erred in findings of fact regarding use and extent of right of way

Ratio Decidendi

The appellants lack standing to appeal the declaration of a right of way because they neither own nor possess the land over which the right of way was declared, and their legal rights are not affected by the declaration. There is no real and present dispute between the parties as to their respective legal rights that would be affected by the outcome of the appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused
  • No order made on application to adduce further evidence