Hazelwood v Hazelwood [2002] EWCA Civ 1594 (24 October 2002)

The injunction against Omar Narayan is dismissed and replaced by his undertaking to the court in the same terms, as his involvement was minimal and he is now prepared to comply voluntarily.

Citation: [2002] EWCA Civ 1594
Parties: Claimant: Philip John Hazelwood; Claimant: Elaine Patricia Hazelwood; Defendant: Aicha Narayan; Applicant/defendant: Omar Narayan
Jurisdiction: England and Wales
Judgment Date: 24 October 2002
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Injunction against Omar Narayan dismissed and replaced by undertaking; application for permission to appeal adjourned on these terms.
Legal Topics: Injunctions, Boundary Disputes, Undertakings to Court

Property Law Civil Procedure Injunctions Boundary Disputes Undertakings to Court

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 1 Party arguments 2

Parties

Philip John Hazelwood

Claimant

Elaine Patricia Hazelwood

Claimant

Aicha Narayan

Defendant

Omar Narayan

Applicant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether the injunction against Omar Narayan was justified given his minimal involvement
2 Whether an undertaking to the court should replace the injunction

Ratio Decidendi

The injunction against Omar Narayan is dismissed and replaced by his undertaking to the court in the same terms, as his involvement was minimal and he is now prepared to comply voluntarily.

Court Disposition

Injunction against Omar Narayan dismissed and replaced by undertaking; application for permission to appeal adjourned on these terms.

Orders

Injunction against Omar Narayan dismissed.
Omar Narayan to give undertaking to the court in same terms as injunction.