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04 September 2008 / James Naylor
Issue: 7335 / Categories: Features , Property
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Love thy neighbour

What happens when rights of way go wrong? James Naylor reports

The case of Brooks & Anor v Young & Anor [2008] EWCA Civ 816, [2008] All ER (D) 117 (Aug) provides a stark warning to property lawyers, to ensure that express rights of way are clearly and carefully drafted. Further, that when advising upon an existing grant, a cautious analysis as to the grant's meaning, term and effect is provided to the client.
Too much to Young?

The Youngs, and their two children, lived at No 34 Chatham Street, a terraced house. The Brooks lived with their children, next door, at No 36, an end-of-terrace house. Both houses enjoyed ordinary access from Chatham Street to their respective front doors. However No 34 had, in addition, the benefit of an express right of way: “…at all times…for the purposes of gaining access to and egress from the rear of [No 34] for all proper purposes connected with the reasonable enjoyment of the property causing as little damage as reasonably possible and forthwith making good any

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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