Campbell & Anor v Banks & Ors

Campbell & Anor v Banks & Ors

Claimants failed to establish sufficient evidence of equine or vehicular use to support a private or public right of way over Headbolt Lane or Carr Lane, except for the express right over the northern section of Headbolt Lane. Damages claim for harassment and loss to business also failed due to lack of evidence.

Parties
Claimant: Alan Eric Campbell; Claimant: Maureen Campbell; Defendant: William T Banks; Defendant: Enid Banks; Defendant: Frank Baybutt; Defendant: Andrea Baybutt
Jurisdiction
England and Wales
Judgment Date
12 June 2009
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Rights of Way, Easements, Harassment, Damages, Public and Private Rights of Way
Property Law Tort Law Rights of Way Easements Harassment Damages Public and Private Rights of Way

Case Brief

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Parties

Alan Eric Campbell

Claimant

Maureen Campbell

Claimant

William T Banks

Defendant

Enid Banks

Defendant

Frank Baybutt

Defendant

Andrea Baybutt

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether claimants have an equine (bridleway) right of way over Headbolt Lane and Carr Lane by private or public right
  2. 2 Whether claimants are entitled to damages for alleged harassment and loss to their stables business

Ratio Decidendi

Claimants failed to establish sufficient evidence of equine or vehicular use to support a private or public right of way over Headbolt Lane or Carr Lane, except for the express right over the northern section of Headbolt Lane. Damages claim for harassment and loss to business also failed due to lack of evidence.

Court Disposition

Claim dismissed

Orders

  • Claimants' claim to equine or vehicular right of way over Headbolt Lane and Carr Lane dismissed except for express right over northern section of Headbolt Lane.
  • Claim for damages for harassment and loss to business dismissed.