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Paul Wilmshurst Appears in 8 Day High Court Easement Trial

July 1, 2024 | Cases
Paul Wilmshurst Appears in 8 Day High Court Easement Trial

Akhtar & Ors v. Khan & Ors [2024] EWHC 1519 (Ch)

Paul Wilmshurst, instructed by Hanne & Co Solicitors, appeared for the Claimants, in an 8 day High Court trial in Birmingham.

The dispute concerned claims for prescriptive rights of way and parking rights, trespass and (unusually) assault, battery and harassment in respect of parties who own adjacent commercial properties.

The dispute began when the Defendants, after purchasing two strips of land from Coventry City Council, erected fences that obstructed access to the Claimants’ property, leading to a physical altercation and ongoing legal battles over property use and access rights. A further source of a dispute was a planning permission granted to the Defendants for the construction of a block of flats which would have seen the Claimants’ property used for numerous parking spaces.

The case raised a number of technical legal arguments, including land registration issues. The court made a range of declarations and Paul Wilmshurst’s clients successfully defeated the claim to parking easements for use in the intended development.

Read the Judgment

Paul Wilmshurst is ranked as a leading property barrister whose practice embraces the full range of property litigation between individuals and businesses, including issues with an administrative law aspect. This is one of a number of High Court decisions in which Paul has appeared in during the last 12 months.

Practice areas: Property
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