Price & Anor v Nunn [2012] EWHC 1605 (Ch) (13 June 2012)

Price & Anor v Nunn [2012] EWHC 1605 (Ch) (13 June 2012)

Defendant is bound by issue estoppel preventing assertion of private right of way over lower track; Defendant may assert existence of public right of way for specified purposes; not an abuse of process for Defendant to assert public right of way; Defendant's claim to private right of way over lower track struck out; costs allocated proportionally based on success and failure.

Citation
[2012] EWHC 1605 (Ch)
Parties
Claimant: Christopher Charles Price; Claimant: Charles Frederick Price; Defendant: Jonathan James Nunn
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Civil / Post Judgment, Written Submissions and Orders
Outcome
Defendant's claim to private right of way over lower track struck out; declarations made as specified; costs orders issued; permission to appeal refused to both parties.
Legal Topics
Rights of Way, Estoppel, Abuse of Process, Costs, Permission to Appeal
Property Law Civil Procedure Rights of Way Estoppel Abuse of Process Costs Permission to Appeal

Case Brief

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Parties

Christopher Charles Price

Claimant

Charles Frederick Price

Claimant

Jonathan James Nunn

Defendant

Procedural Posture

Civil / Post Judgment, Written Submissions and Orders

Legal Issues

  1. 1 Whether the Defendant is estopped from asserting a private right of way over the lower track
  2. 2 Whether the Defendant can assert a public right of way over the lower track
  3. 3 Whether it is an abuse of process for the Defendant to assert a public right of way

Ratio Decidendi

Defendant is bound by issue estoppel preventing assertion of private right of way over lower track; Defendant may assert existence of public right of way for specified purposes; not an abuse of process for Defendant to assert public right of way; Defendant's claim to private right of way over lower track struck out; costs allocated proportionally based on success and failure.

Court Disposition

Defendant's claim to private right of way over lower track struck out; declarations made as specified; costs orders issued; permission to appeal refused to both parties.

Orders

  • Declaration of issue estoppel binding Defendant regarding private right of way over lower track
  • Declaration permitting Defendant to assert existence of public right of way over lower track for specified purposes