Conclusions
The outcome of the Appeal
For the reasons set out in this decision, the Appeal is dismissed.
The President, Mr Justice Edwin Johnson
26th June 2025
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.
- Heading
- Introduction
- The relevant land
- The Disputed Easement
- The Decision
- The grounds of appeal
- The relevant law
- Batchelor v Marlow – the admissibility of certain photographs
- Analysis of the Appeal – the correct approach
- Analysis of the Appeal – Ground 1(a)
- Analysis of the Appeal - Ground 1(b)
- Analysis of the Appeal – Ground 1(c)
- Analysis of the Appeal – Ground 1(d)
- Analysis of the Appeal – conclusion on Ground 1
- Analysis of the Appeal – Ground 2
- Analysis of the Appeal – Ground 3
- The additional argument raised by the Respondent
- Conclusions
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