Lester & Anor v Woodgate & Anor

Lester & Anor v Woodgate & Anor

The claimants are estopped by acquiescence from enforcing the right of way, as their predecessor's conduct made it unconscionable to seek equitable or legal relief; therefore, neither injunction nor damages are available.

Parties
Claimant/appellant: Robert Gerald Julian Lester; Claimant/appellant: Ann Patricia Hardy; Defendant/respondent: Steven Paul Woodgate; Defendant/respondent: Louise Ruth Woodgate
Jurisdiction
England and Wales
Judgment Date
09 March 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed; cross appeal allowed; action dismissed.
Legal Topics
Easements, Nuisance, Proprietary Estoppel, Laches, Injunctions, Damages, Costs
Property Law Equity Easements Nuisance Proprietary Estoppel Laches Injunctions Damages +1 more

Case Brief

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Parties

Robert Gerald Julian Lester

Claimant/appellant

Ann Patricia Hardy

Claimant/appellant

Steven Paul Woodgate

Defendant/respondent

Louise Ruth Woodgate

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimants are barred by laches or estoppel from enforcing a right of way
  2. 2 Whether the claimants are entitled to an injunction or damages for interference with the easement
  3. 3 Whether the defendants' continued use constitutes actionable nuisance

Ratio Decidendi

The claimants are estopped by acquiescence from enforcing the right of way, as their predecessor's conduct made it unconscionable to seek equitable or legal relief; therefore, neither injunction nor damages are available.

Court Disposition

Appeal dismissed; cross appeal allowed; action dismissed.

Orders

  • No injunction granted.
  • No damages awarded.