Campbell & Anor v William Banks & Ors

Campbell & Anor v William Banks & Ors

Permission to appeal is granted on the issues of express or implied grant of a right of way and the existence of a public pedestrian right of way, as these points have sufficient merit to be considered by the full court. Permission is refused on other grounds as they are factual disputes with no real prospect of success on appeal.

Parties
Applicant: Alan Campbell; Applicant: Mrs Campbell; Respondent: William Banks
Jurisdiction
England and Wales
Judgment Date
26 April 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted in part
Legal Topics
Right of Way, Injunctions, Damages, Appeals, Public and Private Rights of Way
Property Law Civil Procedure Right of Way Injunctions Damages Appeals Public and Private Rights of Way

Case Brief

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Parties

Alan Campbell

Applicant

Mrs Campbell

Applicant

William Banks

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether there was an express or implied grant of a vehicular and equine right of way over Headbolt Lane and Carr Lane
  2. 2 Whether there exists a public pedestrian right of way over the lanes
  3. 3 Whether the judge erred in rejecting the claim to a private right of way based on long use

Ratio Decidendi

Permission to appeal is granted on the issues of express or implied grant of a right of way and the existence of a public pedestrian right of way, as these points have sufficient merit to be considered by the full court. Permission is refused on other grounds as they are factual disputes with no real prospect of success on appeal.

Court Disposition

permission to appeal granted in part

Orders

  • Permission to appeal granted on issues of express or implied grant of right of way and public pedestrian right of way, subject to objections on new points or evidence.
  • Permission to appeal refused on other grounds.