Sammut & Anor v Catchpole

Sammut & Anor v Catchpole

The appellants have no standing to appeal the declaration of a right of way because they neither own nor possess the land over which the right of way was declared, and their legal rights are not affected by the declaration. There is no real and present dispute between the parties as to their respective legal rights that would be affected by the outcome of the appeal.

Parties
Appellant/defendant: Steven Sammut; Appellant/defendant: Sandra Sammut-Horstman; Respondent/claimant: Sally Catchpole
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Easements, Right of Way, Declaratory Relief, Locus Standi, Appeals
Property Law Civil Procedure Easements Right of Way Declaratory Relief Locus Standi Appeals

Case Brief

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Parties

Steven Sammut

Appellant/defendant

Sandra Sammut-Horstman

Appellant/defendant

Sally Catchpole

Respondent/claimant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellants have standing to appeal the declaration of a right of way over unregistered land not owned or possessed by them
  2. 2 Whether the lower court erred in declaring a right of way in favour of the respondent
  3. 3 Whether the lower court erred in its findings of fact regarding use, continuity, and scope of the right of way

Ratio Decidendi

The appellants have no standing to appeal the declaration of a right of way because they neither own nor possess the land over which the right of way was declared, and their legal rights are not affected by the declaration. There is no real and present dispute between the parties as to their respective legal rights that would be affected by the outcome of the appeal.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal is refused.
  • No order on the application to adduce further evidence.