London Borough of Bexley v Maison Maurice Ltd

London Borough of Bexley v Maison Maurice Ltd

The ransom strip was not part of the highway; however, the Council is estopped from denying Maison Maurice a permanent means of access over the new crossover due to its conduct, communications, and the detriment suffered by Maison Maurice, which meets the requirements for proprietary estoppel.

Parties
Claimant: The Mayor and Burgesses of the London Borough of Bexley; Defendant: Maison Maurice Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2006
Procedural Posture
Civil / Judgment
Outcome
Declaration granted in favour of Maison Maurice; Council estopped from denying permanent means of access over new crossover.
Legal Topics
Estoppel, Highway Authority Powers, Compulsory Purchase, Planning Permission, Ultra Vires, Right of Way
Property Law Administrative Law Estoppel Highway Authority Powers Compulsory Purchase Planning Permission Ultra Vires Right of Way

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Parties

The Mayor and Burgesses of the London Borough of Bexley

Claimant

Maison Maurice Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the ransom strip was part of the highway
  2. 2 Whether the Council is estopped from denying Maison Maurice a right of way over the new crossover
  3. 3 Whether the Council's actions were ultra vires

Ratio Decidendi

The ransom strip was not part of the highway; however, the Council is estopped from denying Maison Maurice a permanent means of access over the new crossover due to its conduct, communications, and the detriment suffered by Maison Maurice, which meets the requirements for proprietary estoppel.

Court Disposition

Declaration granted in favour of Maison Maurice; Council estopped from denying permanent means of access over new crossover.

Orders

  • Declaration that Maison Maurice has a permanent means of access to the highway over the new crossover, conditional on Maison Maurice surrendering the existing right of way (to the extent it still exists).