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10 June 2016
Issue: 7702 / Categories: Case law , Law digest , In Court
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Easement

Winterburn and another v Bennett and another [2016] EWCA Civ 482, [2016] All ER (D) 186 (May)

The Court of Appeal dismissed the appellants’ appeal against a decision of the Upper Tribunal (Tax and Chancery Chamber) that they had failed to establish their claim to parking rights in a car park. The putting up of signs by the respondents stating that the car park was only for use by patrons of a club had been sufficient to establish their right. There was no requirement for an owner to be prepared to back his objection either by physical obstruction or by legal action. The owner was not required to do everything, proportionately to the user, to contest and to endeavour to interrupt the user.

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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