Wall v Collins & Jennifer Collins

Wall v Collins & Jennifer Collins

There is no present or threatened obstruction to the claimant’s right of way; injunctive relief is not warranted and would be oppressive given the claimant’s unreasonable conduct; no damages are payable as no actionable obstruction or loss was established; declaratory relief is granted to clarify the scope of the right of way and what would constitute substantial interference.

Parties
Claimant: Keith John Wall; Defendant: Brian Collins; Defendant: Jennifer Collins
Jurisdiction
England and Wales
Judgment Date
11 August 2009
Procedural Posture
Civil (property/easement) / Trial Judgment
Outcome
Claim dismissed except for limited declaratory relief
Legal Topics
Easements, Rights of Way, Injunctions, Damages, Declaratory Relief
Property Law Equity Easements Rights of Way Injunctions Damages Declaratory Relief

Case Brief

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Parties

Keith John Wall

Claimant

Brian Collins

Defendant

Jennifer Collins

Defendant

Procedural Posture

Civil (property/easement) / Trial Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to injunctive relief to protect his right of way over the defendants’ land
  2. 2 Whether the claimant is entitled to damages for alleged obstruction of his right of way
  3. 3 Whether declaratory relief should be granted regarding the nature and extent of the right of way

Ratio Decidendi

There is no present or threatened obstruction to the claimant’s right of way; injunctive relief is not warranted and would be oppressive given the claimant’s unreasonable conduct; no damages are payable as no actionable obstruction or loss was established; declaratory relief is granted to clarify the scope of the right of way and what would constitute substantial interference.

Court Disposition

Claim dismissed except for limited declaratory relief

Orders

  • Claim for injunctive relief dismissed
  • Claim for damages dismissed