Duffy v Lamb (t/a Vic Lamb Developments) [1997] EWCA Civ 1373 (10 April 1997)

Duffy v Lamb (t/a Vic Lamb Developments) [1997] EWCA Civ 1373 (10 April 1997)

Disconnecting the submains meter to prevent electricity from passing through the service installations to the dominant tenement constitutes actionable interference with the easement for passage of electricity, even though the servient owner is not obliged to pay for or supply electricity.

Citation
[1997] EWCA Civ 1373
Parties
Appellant/plaintiff: Mr Duffy; Respondent/defendant: Mr Lamb
Jurisdiction
England and Wales
Judgment Date
10 April 1997
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Easement of Passage, Interference With Easement, Supply of Utilities, Distinction Between Supply and Passage Rights
Property Law Easements Easement of Passage Interference With Easement Supply of Utilities Distinction Between Supply and Passage Rights

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Parties

Mr Duffy

Appellant/plaintiff

Mr Lamb

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the owner of a dominant tenement with an easement for passage of electricity is entitled to the continued supply of electricity via the servient tenement's installations.
  2. 2 Whether the servient owner commits actionable interference by disconnecting the supply of electricity.

Ratio Decidendi

Disconnecting the submains meter to prevent electricity from passing through the service installations to the dominant tenement constitutes actionable interference with the easement for passage of electricity, even though the servient owner is not obliged to pay for or supply electricity.

Court Disposition

Appeal allowed

Orders

  • Order for inquiry as to damages restored
  • Costs awarded to appellant here and below