Jeffries v Robb [2012] EWCA Civ 1149 (28 June 2012)

Jeffries v Robb [2012] EWCA Civ 1149 (28 June 2012)

The injunction's terms, including the requirement to use the right of way at a reasonable speed and the prohibition on surveillance, are justified responses to the appellant's conduct and are not unduly restrictive. The penal notice should be replaced with a notice referencing the criminal offence under the...

Source-derived case information.

Citation
[2012] EWCA Civ 1149
Parties
Applicant: Jeffries; Respondent: Robb
Jurisdiction
England and Wales
Judgment Date
28 June 2012
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed; application for permission to appeal refused.
Legal Topics
Right of Way, Harassment, Injunctions, Appeal Procedure
Civil Procedure Property Law Tort Law Right of Way Harassment Injunctions Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jeffries

Applicant

Robb

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the terms of the injunction granted by the County Court judge were unduly restrictive or open to misinterpretation, specifically the inclusion of 'at a reasonable speed' and the prohibition on photography/surveillance on the right of way.
  2. 2 Whether the penal notice attached to the order was appropriate.

Ratio Decidendi

The injunction's terms, including the requirement to use the right of way at a reasonable speed and the prohibition on surveillance, are justified responses to the appellant's conduct and are not unduly restrictive. The penal notice should be replaced with a notice referencing the criminal offence under the Harassment Act 1997.

Court Disposition

Appeal dismissed; application for permission to appeal refused.

Orders

  • Penal notice struck out and to be replaced with a notice referencing the Harassment Act 1997.
  • All other terms of the County Court order affirmed.