Hayes & Anor v London Borough of Merton

Hayes & Anor v London Borough of Merton

The appeal was allowed only to the extent of staying enforcement of the Tomlin order, as the dispute over the right of way could not be effectively resolved without the participation of the Pedersens, who were not parties to the proceedings. The matter should be resolved in the county court with all interested parties present.

Parties
Claimant/respondent: Brian Robert Hayes; Claimant/respondent: Doreen Rona Hayes; Defendant/appellant: The Mayor and Burgesses of the London Borough of Merton
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed in part; Tomlin order stayed; liberty to apply granted to both sides; costs awarded to Mr and Mrs Hayes assessed at £2,158.50; no order as to costs for the Pedersens.
Legal Topics
Easements, Right of Way, Tomlin Order, Interpretation of Transfer, Non Party Rights
Property Law Easements Right of Way Tomlin Order Interpretation of Transfer Non Party Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Brian Robert Hayes

Claimant/respondent

Doreen Rona Hayes

Claimant/respondent

The Mayor and Burgesses of the London Borough of Merton

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Tomlin order between the Hayes and the Borough of Merton determines the right of way over the Pedersens' property
  2. 2 Whether the appeal has any practical value without the Pedersens as parties
  3. 3 Appropriate forum for resolving the dispute over the right of way

Ratio Decidendi

The appeal was allowed only to the extent of staying enforcement of the Tomlin order, as the dispute over the right of way could not be effectively resolved without the participation of the Pedersens, who were not parties to the proceedings. The matter should be resolved in the county court with all interested parties present.

Court Disposition

Appeal allowed in part; Tomlin order stayed; liberty to apply granted to both sides; costs awarded to Mr and Mrs Hayes assessed at £2,158.50; no order as to costs for the Pedersens.

Orders

  • Permission to appeal granted.
  • Appeal allowed to the extent of staying enforcement of the Tomlin order.