The claimants asserted a vehicular right of way over land belonging to the defendant poilce authority. The defendant said that it had been abandoned. The judge found that it had not been and granted an injunction to prevent the defendants obstructing the way.
Held: The defendant’s appeal failed. He had not shown any error in law to vitiate the exercise by the judge of his discretion in the matter.
Lloyd LJ (with whom Buxton and Rix LJJ agreed) stressed that, in order to avoid the grant of an injunction, a defendant must show that all four of A L Smith LJ’s criteria in Shelfer have been satisfied.
Judges:
Buxton, Rix, Lloyd LJJ
Citations:
[2007] EWCA Civ 181
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Shelfer v City of London Electric Lighting Company, Meux’s Brewery Co v Same CA 1895
The plaintiff sought damages and an injunction for nuisance by noise and vibration which was causing structural injury to a public house.
Held: The court set out the rules for when a court should not grant an injunction for an infringement of . .
Cited – Jaggard v Sawyer and Another CA 18-Jul-1994
Recovery of damages after Refusal of Injunction
The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way.
Held: The appeal failed.
Cited by:
Cited – HKRUK II (CHC) Ltd v Heaney ChD 3-Sep-2010
The claimant sought a declaration that its property was free of a suggested right of light in favour of its neighbour . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 10 July 2022; Ref: scu.249883