Jeffries v Robb

Jeffries v Robb

The appeal was dismissed because the injunction terms were justified by the appellant's misuse of the right of way for surveillance and harassment, and the order had been agreed between counsel. The inclusion of 'at a reasonable speed' was a direct response to the evidence of misuse, and no exception for CCTV use was warranted given the lack of evidence of threats or attacks.

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

Case Brief

Summary, issues, holding and outcome

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Parties

Jeffries

Applicant

Robb

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the terms of the injunction granted were unduly restrictive and open to misinterpretation
  2. 2 Whether the inclusion of 'at a reasonable speed' in the injunction was justified
  3. 3 Whether the appellant should be permitted to use CCTV on her tractor under the injunction

Ratio Decidendi

The appeal was dismissed because the injunction terms were justified by the appellant's misuse of the right of way for surveillance and harassment, and the order had been agreed between counsel. The inclusion of 'at a reasonable speed' was a direct response to the evidence of misuse, and no exception for CCTV use was warranted given the lack of evidence of threats or attacks.

Court Disposition

Appeal dismissed; application for permission to appeal refused.

Orders

  • Penal notice struck out and replaced with notice warning of criminal offence under Harassment Act 1997.
  • Appeal dismissed; injunction terms upheld.