Kitzing v Fuller

Kitzing v Fuller

Interim injunctive relief is refused because, although there is just about an arguable case of interference with sporting rights, the evidence does not establish a real threat of further actionable interference by the defendant. The terms of the proposed injunction are uncertain and oppressive, and the defendant has credibly disclaimed any intention to resume the works. The balance of convenience and justice do not favour granting the injunction.

Parties
Claimant: Diana Carolyn Kitzing; Defendant: Jason Victor Fuller
Jurisdiction
England and Wales
Judgment Date
31 March 2016
Procedural Posture
Civil / Interim Injunction Application, Extemporary Judgment
Outcome
Application for interim injunction dismissed
Legal Topics
Sporting Rights, Profits À Prendre, Interim Injunctions, Estate Management, Nuisance, Trespass
Property Law Equity Sporting Rights Profits À Prendre Interim Injunctions Estate Management Nuisance Trespass

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Parties

Diana Carolyn Kitzing

Claimant

Jason Victor Fuller

Defendant

Procedural Posture

Civil / Interim Injunction Application, Extemporary Judgment

Legal Issues

  1. 1 Whether the defendant's acts of tree felling and ground clearance constitute actionable interference with the claimant's sporting rights
  2. 2 Whether interim injunctive relief should be granted to restrain further interference

Ratio Decidendi

Interim injunctive relief is refused because, although there is just about an arguable case of interference with sporting rights, the evidence does not establish a real threat of further actionable interference by the defendant. The terms of the proposed injunction are uncertain and oppressive, and the defendant has credibly disclaimed any intention to resume the works. The balance of convenience and justice do not favour granting the injunction.

Court Disposition

Application for interim injunction dismissed