Slough Borough Council v Prashar & Ors

Slough Borough Council v Prashar & Ors

The injunction can extend beyond the area of enforcement notices if there is evidence of breach, and the order should be amended to clarify permitted vehicle movement for access to land in Spelthorne.

Parties
Claimant/respondent: Slough Borough Council; First Defendant: Ashwani Kumar Prashar; Second Defendant/appellant: Balwant Raj Prashar; Third Defendant: Bimla Devi Prashar; Fourth Defendant: Vijai Kumar Prashar; Fifth Defendant: Ron Smith (Transport) Limited; Sixth Defendant: Jan De Risk Transport Limited; Seventh Defendant: PRS Distribution Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed in part; order amended
Legal Topics
Injunctions, Enforcement Notices, Jurisdictional Boundaries, Appeal Procedure
Planning Law Civil Procedure Injunctions Enforcement Notices Jurisdictional Boundaries Appeal Procedure

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Parties

Slough Borough Council

Claimant/respondent

Ashwani Kumar Prashar

First Defendant

Balwant Raj Prashar

Second Defendant/appellant

Bimla Devi Prashar

Third Defendant

Vijai Kumar Prashar

Fourth Defendant

Ron Smith (Transport) Limited

Fifth Defendant

Jan De Risk Transport Limited

Sixth Defendant

PRS Distribution Limited

Seventh Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the injunction should include the northern segment of Moor Lane not covered by enforcement notices
  2. 2 Whether the order should prohibit movement of vehicles for access to land within Spelthorne Borough Council's jurisdiction

Ratio Decidendi

The injunction can extend beyond the area of enforcement notices if there is evidence of breach, and the order should be amended to clarify permitted vehicle movement for access to land in Spelthorne.

Court Disposition

Appeal dismissed in part; order amended

Orders

  • Paragraph 1 of Miss Davies' order amended to clarify vehicle movement and land description.
  • No order as to costs.