Wall v Collins & Anor (Supplementary)

The appropriate relief is a declaration of the claimant's right of passage over South Road as per the 1911 assignment. Mr Wall, having succeeded on two out of three issues, is entitled to costs of the appeal, but given the neighbour dispute context and mixed results, there will be no order as to costs below.

Parties: Appellant: Keith John Wall; Respondent: Brian Collins & Anr
Jurisdiction: England and Wales
Judgment Date: 17 July 2007
Procedural Posture: Civil Appeal / Judgment on Form of Relief and Costs After Main Judgment
Outcome: Appeal allowed in part; declaration granted; costs of appeal to appellant; no order as to costs below.
Legal Topics: Easements, Rights of Way, Costs, Declarations

Property Law Easements Rights of Way Costs Declarations

Case Brief

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Parties

Keith John Wall

Appellant

Brian Collins & Anr

Respondent

Procedural Posture

Civil Appeal / Judgment on Form of Relief and Costs After Main Judgment

Legal Issues

1 Appropriate form of relief regarding right of passage over South Road
2 Apportionment and award of costs following appeal

Ratio Decidendi

Court Disposition

Appeal allowed in part; declaration granted; costs of appeal to appellant; no order as to costs below.

Orders

Declaration substituted as per paragraph 2 of Mr Foster's draft regarding right of passage over South Road.
Respondents to pay appellant's costs of the appeal, subject to detailed assessment if not agreed.