Brand & Anor v Philip Lund (Consultants) Ltd [1989] EWHC 2 (Ch) (18 July 1989)

Brand & Anor v Philip Lund (Consultants) Ltd [1989] EWHC 2 (Ch) (18 July 1989)

Ramscote Lane is an ancient public vehicular highway, established by long-standing user and historical evidence, and not merely a bridleway or footpath. The evidence does not support a private right of way by prescription for Lund Consultants. Damages for trespass and obstruction are awarded nominally.

Citation
[1989] EWHC 2 (Ch)
Parties
Plaintiff by Original Action / Defendant by Counterclaim: David Edward Simpson Brand; Plaintiff by Original Action / Defendant by Counterclaim: Barbara Brand; Defendant by Original Action / Plaintiff by Counterclaim: Philip Lund (Consultants) Limited; Defendant by Counterclaim: Hussey (Married Woman); Defendant by Counterclaim: Marian Sandra Perrott
Jurisdiction
England and Wales
Judgment Date
18 July 1989
Procedural Posture
Chancery Civil Action With Counterclaim / Judgment After Trial
Outcome
Declaration that Ramscote Lane is a public vehicular highway; nominal damages awarded; further relief by way of injunction to be argued.
Legal Topics
Public Right of Way, Dedication and Acceptance, Prescription, Injunction, Damages, Bridleway Vs. Vehicular Highway
Property Law Highways Law Public Right of Way Dedication and Acceptance Prescription Injunction Damages Bridleway Vs. Vehicular Highway

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Parties

David Edward Simpson Brand

Plaintiff by Original Action / Defendant by Counterclaim

Barbara Brand

Plaintiff by Original Action / Defendant by Counterclaim

Philip Lund (Consultants) Limited

Defendant by Original Action / Plaintiff by Counterclaim

Hussey (Married Woman)

Defendant by Counterclaim

Marian Sandra Perrott

Defendant by Counterclaim

Procedural Posture

Chancery Civil Action With Counterclaim / Judgment After Trial

Legal Issues

  1. 1 Whether Ramscote Lane is a public vehicular highway
  2. 2 Whether Lund Consultants have a private vehicular right of way
  3. 3 Entitlement to injunction and damages for trespass and obstruction

Ratio Decidendi

Ramscote Lane is an ancient public vehicular highway, established by long-standing user and historical evidence, and not merely a bridleway or footpath. The evidence does not support a private right of way by prescription for Lund Consultants. Damages for trespass and obstruction are awarded nominally.

Court Disposition

Declaration that Ramscote Lane is a public vehicular highway; nominal damages awarded; further relief by way of injunction to be argued.

Orders

  • Declaration of public right of way over Ramscote Lane
  • Judgment for £25 against Miss Perrott