Latest Legal News
The First-tier Tribunal (FTT) has found that work undertaken by a company to convert a warehouse into a car showroom qualified for Business Premises Renovation Allowance (BPRA), a 100 per cent tax allowance available between 2007 and 2017 on qualifying...
Sections 13 and 14 of the Housing Act 1988 provide a statutory scheme for landlords to increase the rent payable under an assured periodic tenancy by serving notice of the proposed increase on the tenant, who may then refer the proposal to the First-tier...
The Cyber Security and Resilience Bill, announced by the Government in the King's Speech, is to be introduced to Parliament this year. The UK's existing cyber security regulations, the Network and Information Systems Regulations 2018 , were inherited from...
When couples are divorcing, mediation is strongly recommended in order to reduce the time and expense involved in court proceedings. This was amply illustrated in a recent case in which the Family Court refused a husband's application to strike out an...
In a case concerning whether a property in England fell within the scope of a bankruptcy order made in Russia, the Supreme Court has confirmed that, subject to certain exceptions provided for in legislation, interests in land and other immovable property...
As announced in the Autumn Budget 2024, the van benefit charge and the car and van fuel benefit charges are to increase from 6 April 2025, in line with the Consumer Price Index. The van benefit charge applies where an employer provides an employee with a...
The Upper Tribunal (UT) recently granted modification of a restrictive covenant to allow a house to be used as a children's care home . The house was on a small residential estate. All the houses on the estate were bound by covenants restricting their use...
When a child is born via a surrogacy arrangement, the legal parents are the surrogate mother and, if they have consented to the arrangement, her spouse or civil partner. The intended parents must apply for a parental order or adoption in order to become the...
The Information Commissioner's Office (ICO) has issued a reprimand to a local authority in respect of a breach of Article 5(1)(f) of the UK General Data Protection Regulation. The local authority had included a spreadsheet in its response to a Freedom of...
A company has succeeded in reducing VAT default surcharges of more than £9,000 after the First-tier Tribunal (FTT) found that HM Revenue and Customs (HMRC) had not demonstrated that a notice in respect of an earlier default surcharge had been...
The Court of Appeal has upheld a man's argument that the financial remedy order made on his divorce should have been set aside because the wife had given inaccurate evidence about an important asset. The couple had met in Singapore, where the wife was...
The Upper Tribunal (UT) has upheld a challenge to a rent repayment order made against the landlord of a house in an area designated by the local authority as subject to additional licensing of houses in multiple occupation (HMOs). The landlord had let the...
Partners in a partnership would be well advised to keep comprehensive documentation at every stage in case disagreements arise in the future. In a recent case, whether or not a residential property was a partnership asset became the subject of extended court...
If you believe that a competitor has made unfair use of your intellectual property, it is essential to obtain expert advice as soon as possible. Recently, a company that sold equestrian safety clothing failed in its High Court copyright infringement claim ...
When a party fails to disclose assets in divorce proceedings, the courts are entitled to draw appropriate inferences from the non-disclosure. This was demonstrated in a recent case in which the Family Court described the husband's conduct of the...
A telecoms provider has lost its appeal against a decision that, where customers were offered discounts for early payment, VAT was payable on the full amount charged if the discount was not accepted. Between 1 January and 30 April 2014, the telecoms...
Under Section 20ZA of the Landlord and Tenant Act 1985 , a tribunal may grant a landlord dispensation from the requirement to consult tenants about significant works if it finds it reasonable to do so. Recently, a landlord who carried out urgent repairs to...
When a couple who have entered into a civil union relocate to another country, legal advice is essential to deal with any issues that may arise. Recently, a couple who had moved to the UK from France and were subsequently advised to dissolve their French...
In a ruling which will have wide implications for providers of finance, the Court of Appeal has ruled that three purchasers of cars are entitled to be repaid the commission paid from the lenders to the dealers in respect of their car loans. The purchasers...
If a business objects to the registration of a UK domain name by someone else, it can seek to have the domain name transferred to itself through Nominet UK's Dispute Resolution Service (DRS). A major supermarket chain recently succeeded in securing the...
In a case concerning the employment status of part-time football referees , the Supreme Court recently concluded that the relationship between them and the company that provided their services demonstrated both sufficient mutuality of obligation and...
When considering an application for the return of a child who has been removed from a country without a parent's consent, the courts' paramount concern will always be the best interests of the child. Recently, the High Court ruled that a young boy whose...
The High Court has rejected an application by a local planning authority (LPA) for permission for statutory review of a planning decision under Section 288 of the Town and Country Planning Act 1990 . A developer applied for permission in principle (PiP)...
The courts have powers to deal with protests or other actions that disrupt the day-to-day activities of people and organisations, even when those responsible cannot be identified. Recently, the High Court granted a continued injunction against persons...
The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility. The boy's father owned a property in...
It is not uncommon for neighbours with a shared right of way to be in dispute.
That could be the result of an annoying neighbour parking vans on a shared route into a commercial estate, or someone storing items blocking the path leading to your residential home. When you challenge the relevant individual, the answer invariably comes back: “It is my right of way too.”
Rather than out of sight, out of mind, these disputes are almost always in sight and on your mind, because you may see your neighbour every day. It is therefore essential to obtain quick, effective legal advice on your options so that the situation does not escalate or continue.
If a neighbour is interfering with your right of way, the Court can generally award you one or more of the following remedies in a legal action known as “private nuisance.”
- An injunction forcing your neighbour to cease the relevant interference. If the neighbour breaches an injunction, they may have to pay a fine or could even go to prison.
- A declaration from the Court as to the extent of the right of way.
- Damages from the Court for any financial loss you have suffered as a result of the interference. This is especially essential for businesses who may suffer significant losses if they are unable to access their premises due to an interference with a right of way.
- The Court could grant you the power to lawfully remove an item blocking the right of way. This is a crucial remedy in circumstances where the relevant neighbour may not be engaging with the legal process.
However, in order for a private nuisance claim to succeed, you will need to demonstrate to the Court that the interference with your right of way is “substantial.” You will almost certainly need independent legal advice on whether your circumstances pass that threshold test.
If a neighbour or anyone else is interfering with your right of way, please don’t hesitate to contact our George Gwynn for an initial no obligation conversation on 0121 355 0011 or at George.Gwynn@belllax.com.
