Broadland District Council v Trott

Broadland District Council v Trott

The appeal is allowed because the injunction granted by the High Court was not justified on the facts or law as set out in the approved judgment.

Parties
Appellant: The Broadland District Council; Respondent: Trott
Jurisdiction
England and Wales
Judgment Date
17 March 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Injunctions, Costs, Appeal Procedure
Civil Procedure Injunctions Costs Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

The Broadland District Council

Appellant

Trott

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the injunction granted by the High Court was proper
  2. 2 Whether the costs should be awarded to the appellant

Ratio Decidendi

The appeal is allowed because the injunction granted by the High Court was not justified on the facts or law as set out in the approved judgment.

Court Disposition

appeal allowed

Orders

  • The injunction granted on 28 July 2010 is discharged
  • The respondent is to pay the appellant's costs in the Court of Appeal and in the High Court