Latest Legal News
The High Court recently ruled on an application by the Lord Chancellor for declarations that the marriages of 79 couples no longer subsisted on the date of their final divorce orders, despite those divorce orders having been applied for a day too early. ...
A couple who let out a house in multiple occupation (HMO) have defeated an application for a rent repayment order under Section 41 of the Housing and Planning Act 2016 on the basis that they had a reasonable excuse for failing to license the property as an...
An NHS trust has been issued with a reprimand by the Information Commissioner's Office (ICO) for failing to respond to subject access requests (SARs) in a timely manner. Article 12(3) of the UK General Data Protection Regulation (GDPR) requires data...
It is a general rule that payments in the nature of penalties may not be deducted for the purpose of calculating taxable profits. The Court of Appeal recently considered whether the rule prevented payments made to consumers and consumer organisations in...
The Upper Tribunal (UT) has upheld a decision to appoint a manager of a block of student flats under Section 24 of the Landlord and Tenant Act 1987 . The landlord of the block had let the flats to investment purchasers on long leases. A number of the...
The High Court has granted a man's application for a declaration that it was lawful for him to use an embryo created using his sperm and his late wife's eggs in treatment with a surrogate, despite his wife not having given written consent. The embryo had...
The Intellectual Property Enterprise Court has refused applications to strike out two claims of breach of contract, or alternatively for summary judgment on the claims, concluding in each case that the claim must go to trial . The claims involved two...
Businesses that rely on data supplied by third parties for marketing purposes should undertake timely due diligence to ensure that the necessary consent for such use has been obtained. The consequences of failing to do so were demonstrated recently when the...
The Family Division of the High Court recently refused an application for a 13-year-old girl's summary return to the USA , in a decision in which the girl's own objections to returning were a key consideration. The girl's American mother and British father...
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...
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.
