header-logo header-logo

14 February 2008 / Alec Samuels
Issue: 7308 / Categories: Features , Local government , Public , Community care
printer mail-detail

Parking lots

Do we have a right to park? Alec Samuels investigates

One might have thought that the answer to the question: “Is the right to park capable of existing as an easement?” would be simple, clear, straightforward, long-standing and authoritative. However, despite the tremendous pressure for space to park in our car dominated society, the matter is not clear, or not absolutely clear.

 

MONCRIEFF v JAMIESON

The matter came before the House of Lords recently in Moncrieff v Jamieson [2007] UKHL 42—reviewing the earlier cases. Unfortunately: the case came from (where the law is not necessarily the same as in ); the facts were extremely unusual; the right to park was not directly at issue; and some of their lordships did not decide the point directly. However, two judges, Lords Scott and Neuberger, seem to say that there is a right to park, Lord Mance seems to agree but does not expressly so decide, and Lords Hope and Rodger seem to accept a right to park (but neither

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll