[2024] UKUT 00210 (LC)

Case No: LC-2023-684

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT REF: 2022/0118

29^th July 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

Land Registration – Easements – claim to the acquisition of a right of way by prescription – what is required to prevent the use relied upon being use as of right – appeal and cross appeal of the decision of the First-tier Tribunal – decision on the incidence and assessment of costs in the First-tier Tribunal and the Upper Tribunal (Lands Chamber)

BETWEEN:

ADAM THOMAS NICHOLSON (1)

GAVIN STAFFORD (2)

Appellants

-and-

IAN REGINALD HALE (1)

JACQUELINE HALE (2)

Respondents

4 Derby Terrace,

The Park,

Nottingham,

NG7 1ND

The Chamber President, Mr Justice Edwin Johnson

17^th July 2024

(by remote hearing)

Paul Wilmshurst, instructed by direct access, for the Appellants

The First Respondent (Ian Hale), in person, for the Respondents

The following case is referred to in this decision:

Knight v Maggioni [2006] EWHC 90056 (Costs)

DECISION ON COSTS