Dymond v Coombes [2001] EWCA Civ 1706 (1 November 2001)

Dymond v Coombes [2001] EWCA Civ 1706 (1 November 2001)

The 5 metre parking restriction is a reasonable and justified means of protecting the respondent's right of way and access, preventing substantial interference by the appellants, and clarifying the parties' rights to avoid future disputes.

Citation
[2001] EWCA Civ 1706
Parties
Claimant/respondent: Wendy Denise Dymond; Defendant/appellant: David Arthur Coombes; Defendant/appellant: Diana May Coombes
Jurisdiction
England and Wales
Judgment Date
01 November 2001
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Rights of Way, Parking Restrictions, Neighbour Disputes, Covenants
Property Law Easements Rights of Way Parking Restrictions Neighbour Disputes Covenants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wendy Denise Dymond

Claimant/respondent

David Arthur Coombes

Defendant/appellant

Diana May Coombes

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the County Court judge was justified in imposing a 5 metre parking restriction near the Dymond Land and Covenant Land without prior notice to the appellants
  2. 2 Whether such restriction was necessary to protect the respondent's rights of way and property access

Ratio Decidendi

The 5 metre parking restriction is a reasonable and justified means of protecting the respondent's right of way and access, preventing substantial interference by the appellants, and clarifying the parties' rights to avoid future disputes.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Detailed Legal Aid assessment of Appellant's costs