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Easement – Right of way. The claimants issued proceedings alleging interference with their of a right of way over the defendant's property. The trial judge granted a declaration defining the right of way, damages and ordered the defendant to pay the claimants' costs of an interim injunction, amended particulars of claim and trial. In dismissing the appeal in part, the Court of Appeal, Civil Division, held that the judge had not erred in holding that the defendant had substantially interfered with the reasonable use of the right of way. In relation to costs, the trial judge had not erred in ordering the defendant to pay the claimants' costs, but he had erred in ordering the defendant to pay the costs of the amended particulars of claim and the claimants' interim injunction.
Easement – Right of way. The claimants issued proceedings alleging interference with their of a right of way over the defendant's property. The trial judge granted a declaration defining the right of way, damages and ordered the defendant to pay the claimants' costs of an interim injunction, amended particulars of claim and trial. In dismissing the appeal in part, the Court of Appeal, Civil Division, held that the judge had not erred in holding that the defendant had substantially interfered with the reasonable use of the right of way. In relation to costs, the trial judge had not erred in ordering the defendant to pay the claimants' costs, but he had erred in ordering the defendant to pay the costs of the amended particulars of claim and the claimants' interim injunction.
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