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Easement – Right of way. The claimants and defendants were neighbours engaged in a dispute concerning the claimants' rights to open and close gates over their driveway, which, the defendants contended, constituted a trespass over the defendant's land, unless the claimants had a right to do so. The Chancery Division held that, while a right to occupy airspace by hanging a gate over the land forming a driveway was capable of being an easement, the claimants were not entitled to a declaration that they were entitled to an easement permitting the opening and closing of the gates at all times and for all purposes. The claimants had a right to close and open the gates for all purposes connected with the reasonable enjoyment of their property provided such use did not substantially interfere with the reasonable enjoyment of the defendants' property.
Easement – Right of way. The claimants and defendants were neighbours engaged in a dispute concerning the claimants' rights to open and close gates over their driveway, which, the defendants contended, constituted a trespass over the defendant's land, unless the claimants had a right to do so. The Chancery Division held that, while a right to occupy airspace by hanging a gate over the land forming a driveway was capable of being an easement, the claimants were not entitled to a declaration that they were entitled to an easement permitting the opening and closing of the gates at all times and for all purposes. The claimants had a right to close and open the gates for all purposes connected with the reasonable enjoyment of their property provided such use did not substantially interfere with the reasonable enjoyment of the defendants' property.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
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The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts