Wall v Collins & Anor (Supplementary) [2007] EWCA Civ 724 (17 July 2007)

Wall v Collins & Anor (Supplementary) [2007] EWCA Civ 724 (17 July 2007)

Appellant is entitled to a declaration of right of passage over South Road as per assignment dated 25 February 1911, and to costs of the appeal; no order as to costs below due to balance of success and to avoid further litigation.

Citation
[2007] EWCA Civ 724
Parties
Appellant: Keith John Wall; Respondent: Brian Collins; Respondent: Mrs Collins
Jurisdiction
England and Wales
Judgment Date
17 July 2007
Procedural Posture
Civil Appeal / Supplementary Judgment Following Main Judgment
Outcome
appeal allowed in part
Legal Topics
Right of Way, Costs, Declarations, Neighbour Disputes
Property Law Civil Procedure Right of Way Costs Declarations Neighbour Disputes

Case Brief

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Parties

Keith John Wall

Appellant

Brian Collins

Respondent

Mrs Collins

Respondent

Procedural Posture

Civil Appeal / Supplementary Judgment Following Main Judgment

Legal Issues

  1. 1 appropriate relief regarding right of passage over South Road
  2. 2 costs allocation following appeal

Ratio Decidendi

Appellant is entitled to a declaration of right of passage over South Road as per assignment dated 25 February 1911, and to costs of the appeal; no order as to costs below due to balance of success and to avoid further litigation.

Court Disposition

appeal allowed in part

Orders

  • Declaration of right of passage over South Road as per assignment dated 25 February 1911.
  • Respondents to pay Appellant's costs of appeal, subject to detailed assessment if not agreed.