Gore v Naheed & Anor

Gore v Naheed & Anor

The right of way granted by the 1921 conveyance includes direct access to the Garage for parking in connection with the residential use of the Granary, as such use is ancillary to the enjoyment of the dominant tenement; the defendants' obstruction was unlawful except as permitted by the injunction; the award of general damages was not justified as no claim was pleaded or proven; costs order stands as refusal to mediate was not unreasonable in the circumstances.

Parties
Claimant/respondent: Graham Gore; Defendant/appellant: Kishwar Naheed; Defendant/appellant: Asim Suhail Ahmed
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; general damages award set aside; appeal otherwise dismissed.
Legal Topics
Easements, Right of Way, Damages, Injunctions, Costs, Mediation
Property Law Civil Procedure Easements Right of Way Damages Injunctions Costs Mediation

Case Brief

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Parties

Graham Gore

Claimant/respondent

Kishwar Naheed

Defendant/appellant

Asim Suhail Ahmed

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claimant has a right of way to access and park in the Garage under the 1921 conveyance
  2. 2 Whether the defendants' obstruction of access to the Garage was unlawful
  3. 3 Appropriate terms for the injunction regarding obstruction

Ratio Decidendi

The right of way granted by the 1921 conveyance includes direct access to the Garage for parking in connection with the residential use of the Granary, as such use is ancillary to the enjoyment of the dominant tenement; the defendants' obstruction was unlawful except as permitted by the injunction; the award of general damages was not justified as no claim was pleaded or proven; costs order stands as refusal to mediate was not unreasonable in the circumstances.

Court Disposition

Appeal allowed in part; general damages award set aside; appeal otherwise dismissed.

Orders

  • Declaration that claimant has right of way for access and parking in the Garage ancillary to Granary occupation.
  • Injunction against obstruction of vehicular access to the Garage, with exception for up to 20 minutes loading/unloading.