London Borough of Hounslow v Devere & Ors [2018] EWHC 1447 (Ch) (14 June 2018)

London Borough of Hounslow v Devere & Ors [2018] EWHC 1447 (Ch) (14 June 2018)

Hounslow was in possession of the Claimant's land and the walkway (including supporting posts) and entitled to sue for trespass and damages for interference with those; Hounslow was not in possession of other posts, piles, and dolphins sunk in river bed and could not claim trespass or damages for interference with those; injunctions and damages upheld only for trespass to land and walkway.

Citation
[2018] EWHC 1447 (Ch)
Parties
Claimant/respondent: The Mayor and Burgesses of the London Borough of Hounslow; Defendant/appellant: David Frank DeVere; Defendant/appellant: Vernon Carroll Roberts; Defendant/appellant: Roger McGonagle; Defendant/appellant: Paul Mendoza; Defendant/appellant: Stephen Alexander Javor; Defendant/appellant: Peter McCrudden
Jurisdiction
England and Wales
Judgment Date
14 June 2018
Procedural Posture
Appeal / Judgment on Appeal From County Court Order Dated 17 November 2017
Outcome
Appeal allowed in part; declaration permitting Hounslow to dispose of vessels/items set aside; damages and injunctions upheld only for trespass to land and walkway; trespass findings in relation to other river bed structures overturned.
Legal Topics
Trespass, Fixtures and Chattels, Riparian Rights, Licensing of Works, Adverse Possession, Human Rights, Damages, Injunctions
Property Law Land Law Public Law Trespass Fixtures and Chattels Riparian Rights Licensing of Works Adverse Possession +3 more

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Parties

The Mayor and Burgesses of the London Borough of Hounslow

Claimant/respondent

David Frank DeVere

Defendant/appellant

Vernon Carroll Roberts

Defendant/appellant

Roger McGonagle

Defendant/appellant

Paul Mendoza

Defendant/appellant

Stephen Alexander Javor

Defendant/appellant

Peter McCrudden

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court Order Dated 17 November 2017

Legal Issues

  1. 1 Whether Hounslow had possession/control of River Works to sue in trespass
  2. 2 Whether defendants' mooring and cables constituted trespass
  3. 3 Whether damages and injunctions were properly awarded

Ratio Decidendi

Hounslow was in possession of the Claimant's land and the walkway (including supporting posts) and entitled to sue for trespass and damages for interference with those; Hounslow was not in possession of other posts, piles, and dolphins sunk in river bed and could not claim trespass or damages for interference with those; injunctions and damages upheld only for trespass to land and walkway.

Court Disposition

Appeal allowed in part; declaration permitting Hounslow to dispose of vessels/items set aside; damages and injunctions upheld only for trespass to land and walkway; trespass findings in relation to other river bed structures overturned.

Orders

  • Declaration permitting Hounslow to dispose of vessels/items without liability set aside.
  • Damages and injunctions upheld for trespass to land and walkway.