Banks & Anor v Blount

Banks & Anor v Blount

The Judge’s findings that the Defendant’s actions constituted substantial interference with the Claimants’ right of way, that the width of the right of way was properly defined, and that the damages and injunctions awarded were appropriate, were all supported by the evidence and correct in law. The appeal was dismissed on all grounds.

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 Judgment
Outcome
Appeal dismissed
Legal Topics
Right of Way, Easements, Injunctions, Damages, Obstruction of Easement
Property Law Civil Procedure Right of Way Easements Injunctions Damages Obstruction of Easement

Case Brief

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Parties

James Banks

Claimant/respondent

Helen Banks

Claimant/respondent

Gary Blount

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Defendant substantially interfered with the Claimants’ right of way by erecting a Rebar fence and failing to maintain trees and the road surface
  2. 2 Whether the Judge erred in defining the width of the right of way, particularly in relation to verge space
  3. 3 Whether the damages and injunctions awarded were appropriate and proportionate

Ratio Decidendi

The Judge’s findings that the Defendant’s actions constituted substantial interference with the Claimants’ right of way, that the width of the right of way was properly defined, and that the damages and injunctions awarded were appropriate, were all supported by the evidence and correct in law. The appeal was dismissed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all grounds
  • Original orders of the trial court upheld, including damages and injunctions