Search found 155 matches

by peacemaker
Fri Oct 11, 2019 9:38 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

In lieu of an injunction. So you are happy to allow him to keep his fence for a sum of money I think your valuation to be a bit high as you will still have a ROW. Agree with you that we still have a ROW, although significantly reduced, another point is that because the property is in a rural locati...
by peacemaker
Fri Oct 11, 2019 9:30 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

It would be totally remiss of OP's legal team to not consider the compensation alternative for the following reasons: 1. If the court decides to compensate instead it must have some expert evidence to quantify the loss. 2. It adds to the weight of argument in favour of injunction. You hit the nail ...
by peacemaker
Thu Oct 10, 2019 10:20 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

In lieu of an injunction. So you are happy to allow him to keep his fence for a sum of money If you win the court may not agree that this is something where damages should be paid out in lieu of an injunction (it being a simple fence )and grant an injunction instead and order damages to be paid of ...
by peacemaker
Thu Oct 10, 2019 10:13 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Hi UKmickey, this claim has never been about financial enrichment, the sole aim is for the fence to be removed. My understanding the diminution in value will be pleaded in lieu of an injunction. My solicitor has pushed for the diminution value to be obtained as per their instruction to the surveyor ...
by peacemaker
Wed Oct 09, 2019 5:32 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Thanks and makes sense now.
by peacemaker
Wed Oct 09, 2019 3:15 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Just an afterthought, let's assume the other side has legal expense cover but only up to the norm which seems to be between £50k - £100k which varies from one insurer to another. As mentioned above we're looking at a claim of approx £100k in lieu of an injunction and if you factor in our legal costs...
by peacemaker
Mon Oct 07, 2019 3:50 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Hello all, quick update from me, before we can submit our instructions to the barrister for the particulars of the letter of claim to be drafted, we’ve had to obtain a court compliant report from a surveyor on the ground as a remote desktop one was inadequate. Interestingly the diminution value has ...
by peacemaker
Mon Aug 26, 2019 1:29 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Just a question on people parking on the private road if I may. I understand that neither myself or my visitors may park on right of way. Reply: Generally that is the case but in the Scottish case of Moncrieff v Jamieson it was found that parking on the servient land was permissible due to the exce...
by peacemaker
Sun Aug 25, 2019 8:39 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Hello all. It’s been five weeks since the without prejudice letter was sent, which had a 28 day deadline, but I expect a minor delay as the paralegals were changed last week. My instincts tell me the letter will not be accepted therefore the next step will be issuing the letter of claim. Just a ques...
by peacemaker
Tue Aug 13, 2019 8:41 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

I have a more general question on process re relation to costs, specifically if we issue court proceedings because the 'without prejudice' letter has been rejected. In any one's experience, would an insurer still be likely to waive costs incurred to date to settle outside of court once proceedings ...
by peacemaker
Mon Aug 12, 2019 9:44 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

I have a more general question on process re relation to costs, specifically if we issue court proceedings because the 'without prejudice' letter has been rejected. In any one's experience, would an insurer still be likely to waive costs incurred to date to settle outside of court once proceedings h...
by peacemaker
Mon Aug 12, 2019 9:31 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Me As a post script you reposted (26/04/19) the plan from your neighbour's title showing the roadway in blue, yet on 08/08/18 you posted an extract of the neighbours title that describes " a right of way with or without motor vehicles at all times....over and along the road way shown coloured yello...
by peacemaker
Fri Aug 09, 2019 3:20 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

Re: New member and this must be a first for this forum

Contra proferentem. This seems to be a rule that applies in contracts and basically where the words of a contract could be taken in more than one sense then the courts will not side with the person who wrote, or suggested, those words. I'm no lawyer so I don't know if this can be applied to your ca...