Applications were made to strike out parts of a Defence and Counterclaim. The relevant parts of this pleading assert the existence of a private right of way, or a public right of way, in either case with or without vehicles, over certain land owned by the Claimants. The Claimants say that there is a cause of action estoppel, or an issue estoppel, arising from two sets of earlier proceedings, binding on the Defendant, which prevents the Defendant putting forward these contentions. Alternatively, the Claimants say that the relevant averments in the Defence and Counterclaim involve an abuse of the process of the court.
Judges:
Morgan J
Citations:
[2012] EWHC 1251 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – LE Walwin and Partners Limited v West Sussex County Council ChD 1975
The parties disputed the extent of a public bridleway. The definitive map appeared to show a bridleway stopping at a point where it met a footpath. However the definitive statement described the bridleway as running ‘to the foreshore’ ie. beyond the . .
Lists of cited by and citing cases may be incomplete.
Land, Litigation Practice
Updated: 05 June 2022; Ref: scu.457621
