Broughton v Bower & Anor [2006] EWCA Civ 632 (25 May 2006)

Broughton v Bower & Anor [2006] EWCA Civ 632 (25 May 2006)

The expression 'undomesticated animals' bears its ordinary meaning, referring to animals not accustomed to being kept by or living with humans. The consent order's inclusion of horses, ponies, and geese extends the prohibition only to those domesticated species, not to all animals except pets. Undertakings (3) and...

Source-derived case information.

Citation
[2006] EWCA Civ 632
Parties
Claimant: Lady Delves Broughton; Defendant: Mr and Mrs John Bower
Jurisdiction
England and Wales
Judgment Date
25 May 2006
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeals allowed for both claimant and defendants; judge's order varied.
Legal Topics
Restrictive Covenants, Interpretation of Consent Orders, Domesticated Vs Undomesticated Animals
Property Law Contract Law Restrictive Covenants Interpretation of Consent Orders Domesticated Vs Undomesticated Animals

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Parties

Lady Delves Broughton

Claimant

Mr and Mrs John Bower

Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Meaning of 'undomesticated animals' in a consent order
  2. 2 Relationship between undertakings prohibiting certain animals and agricultural use

Ratio Decidendi

The expression 'undomesticated animals' bears its ordinary meaning, referring to animals not accustomed to being kept by or living with humans. The consent order's inclusion of horses, ponies, and geese extends the prohibition only to those domesticated species, not to all animals except pets. Undertakings (3) and (4) are independent; the prohibition on certain animals is not overridden by agricultural business use.

Court Disposition

Appeals allowed for both claimant and defendants; judge's order varied.

Orders

  • Discharge paragraphs (1) and (2) of the judge's order dated 17 February 2005, including the proviso to paragraph (2).
  • Declare defendants entitled to keep all domesticated animals except horses, ponies, geese, female cattle, and pigeons.