[2006] EWHC 2066 (Ch), 28 July 2006. Concerns an agreement relating to a private road where H, in return for a right of way, had agreed to share the cost of maintenance and repair of the road. In 2002, C carried out works to the road costing in excess of £270k. C argued that H should pay half of this sum, however H refused on the grounds that the works were improvements rather than repairs. C then sought to recover £38k from H, which was 50% of what it estimated repairs would have cost, if just the required repairs had been carried out. "Held": C could only charge H for those elements of the work which had actually been done and which would have been undertaken if the road had been repaired. It could not charge for work which would have had to be carried out if the road had been repaired, but which had been avoided by the improvement works. C were therefore only entitled to recover 50% of the cost of resurfacing with asphalt and bitumen which had been carried out in the 2002 works.