Banks v Blount [2022] EWHC 1491 (QB) (15 June 2022)

Banks v Blount [2022] EWHC 1491 (QB) (15 June 2022)

The Defendant's actions in obstructing the right of way with a Rebar fence and failing to maintain trees and the road constituted substantial interference with the Claimants' easement rights. The Judge's findings on the width of the right of way, damages, and the terms and duration of injunctions were supported by evidence and law. The appeal was dismissed on all grounds.

Citation
[2022] EWHC 1491
Parties
Claimant/respondent: James Banks; Claimant/respondent: Helen Banks; Defendant/appellant: Gary Blount
Jurisdiction
England and Wales
Judgment Date
15 June 2022
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal dismissed
Legal Topics
Right of Way, Easements, Injunctions, Damages, Obstruction of Access
Property Law Civil Procedure Right of Way Easements Injunctions Damages Obstruction of Access

Case Brief

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Parties

James Banks

Claimant/respondent

Helen Banks

Claimant/respondent

Gary Blount

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the Defendant substantially interfered with the Claimants' right of way by obstruction and failure to maintain.
  2. 2 Whether the Judge's findings on the width of the right of way, including verge space, were correct.
  3. 3 Whether the damages awarded for obstruction and failure to maintain were appropriate.

Ratio Decidendi

The Defendant's actions in obstructing the right of way with a Rebar fence and failing to maintain trees and the road constituted substantial interference with the Claimants' easement rights. The Judge's findings on the width of the right of way, damages, and the terms and duration of injunctions were supported by evidence and law. The appeal was dismissed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • All grounds of appeal dismissed.
  • Original injunctions and damages orders upheld.