The Mayor and Burgesses of the London Borough of Hounslow v David Frank Devere & Ors.

The Mayor and Burgesses of the London Borough of Hounslow v David Frank Devere & Ors.

Permission to appeal is granted on grounds relating to the scope of the removal order, the claimant's standing as licensee, the construction of the River Works licence, the award of mesne profits, and public rights of way, as there are real prospects of success on these grounds. Permission is refused on the Human Rights Act, costs, and cabling grounds as they are unarguable or lack sufficient evidence.

Parties
Claimant: The Mayor and Burgesses of the London Borough of Hounslow; First Defendant: David Frank Devere; Fourth Defendant: Ben Piper; Fifth Defendant: Vernon Roberts; Thirteenth Defendant: Roger McGonagle; Fifteenth Defendant: Paul Mendoza; Nineteenth Defendant: Steven Javor; Twenty Fourth Defendant: Peter McCrudden
Jurisdiction
England and Wales
Judgment Date
22 January 2018
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted in part; refused in part.
Legal Topics
Trespass, Injunctions, Licences, Mesne Profits, Costs, Human Rights, Public Rights of Way
Property Law Civil Procedure Trespass Injunctions Licences Mesne Profits Costs Human Rights +1 more

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Parties

The Mayor and Burgesses of the London Borough of Hounslow

Claimant

David Frank Devere

First Defendant

Ben Piper

Fourth Defendant

Vernon Roberts

Fifth Defendant

Roger McGonagle

Thirteenth Defendant

Paul Mendoza

Fifteenth Defendant

Steven Javor

Nineteenth Defendant

Peter McCrudden

Twenty Fourth Defendant

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the order permitting the claimant to remove vessels and associated items without liability was lawful
  2. 2 Whether the claimant, as licensee, had standing to bring an action in trespass
  3. 3 Whether the construction of the River Works licence conferred exclusive rights

Ratio Decidendi

Permission to appeal is granted on grounds relating to the scope of the removal order, the claimant's standing as licensee, the construction of the River Works licence, the award of mesne profits, and public rights of way, as there are real prospects of success on these grounds. Permission is refused on the Human Rights Act, costs, and cabling grounds as they are unarguable or lack sufficient evidence.

Court Disposition

Permission to appeal granted in part; refused in part.

Orders

  • Permission to appeal granted on Grounds 1, 2, 3, 4, and 5.
  • Permission to appeal refused on Grounds 6, 7, and 8.