Holmes & Anor v Evans & Anor [2012] EWCA Civ 941 (11 July 2012)

Holmes & Anor v Evans & Anor [2012] EWCA Civ 941 (11 July 2012)

The appeal was dismissed because the existence of the vehicular right of way had been judicially determined by prior unappealed orders and admissions, which were binding on the parties and the trial judge. The trial was properly limited to the width and reinstatement of the bridge, and the appellants could not reopen the issue of the right of way at this stage.

Citation
[2012] EWCA Civ 941
Parties
Appellant/defendant: Erik Alfred John Holmes; Appellant/defendant: Amanda Gail Davies; Respondent/claimant: Tracey Ann Evans; Respondent/claimant: David Anthony Evans
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Prescriptive Easements, Right of Way, Injunctions, Admissions and Withdrawal of Admissions, Appeals Procedure
Property Law Civil Procedure Prescriptive Easements Right of Way Injunctions Admissions and Withdrawal of Admissions Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Erik Alfred John Holmes

Appellant/defendant

Amanda Gail Davies

Appellant/defendant

Tracey Ann Evans

Respondent/claimant

David Anthony Evans

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the claimants had a prescriptive vehicular right of way over the defendants' land
  2. 2 Whether the trial judge was entitled to determine the existence of such right given prior orders and admissions
  3. 3 Whether procedural rulings precluded the defendants from disputing the right of way at trial

Ratio Decidendi

The appeal was dismissed because the existence of the vehicular right of way had been judicially determined by prior unappealed orders and admissions, which were binding on the parties and the trial judge. The trial was properly limited to the width and reinstatement of the bridge, and the appellants could not reopen the issue of the right of way at this stage.

Court Disposition

Appeal dismissed

Orders

  • Costs order in the court below to stand
  • No order as to costs of the appeal