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Easement – Right of way. The claimant local authority sought an injunction, requiring the defendant to re-open a passageway the subject of its right of way. The judge granted the injunction, having found that two distinct groups benefited from the right of way and that one group had abandoned its right to the passageway. The parties appealed. The Court of Appeal, Civil Division held that the judge had erred in concluding that there had been a partial abandonment of a right of way by reference to different classes of potential users. Further, mere non-use had been incapable of supporting a conclusion that the right of way had been abandoned for all time.
Easement – Right of way. The claimant local authority sought an injunction, requiring the defendant to re-open a passageway the subject of its right of way. The judge granted the injunction, having found that two distinct groups benefited from the right of way and that one group had abandoned its right to the passageway. The parties appealed. The Court of Appeal, Civil Division held that the judge had erred in concluding that there had been a partial abandonment of a right of way by reference to different classes of potential users. Further, mere non-use had been incapable of supporting a conclusion that the right of way had been abandoned for all time.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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James Onalaja concludes his two-part opinion series
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In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation