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Macepark (Whittlebury) Ltd v Sargeant and another

Series: Weekly Law Reports ; [2003] 1 WLR 2284-2295(12)Publication details: 2003Subject(s): Summary: [2003] EWHC 427 (Ch), 5 March 2003. Appeal against an arbitrator's decision in a dispute over a right of way in accordance with the Arbitration Act 1996 s69. The claimant (M) leased a piece of land, on which a hotel had been constructed, from defendants (S) and another which conferred a right of way 'at all times and for all purposes for the purpose of gaining access to an egress from the site and the county highway'. A copse owned by a third party was situated between the leased land and the motor racing circuit. M wished, by agreement with the owners of the copse to construct a fast track vehicular access through the copse to link the hotel and circuit directly. The parties referred to arbitration the question whether it would be a lawful use of the right of access conferred by the lease to enable hotel guests to enter the leased land and then drive through the copse to the circuit. The arbitrator ruling in favour of S, decided that such use of the right of access was outside that granted by the lease. Appeal dismissed.
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Law report London Journal article ABS67212 (Browse shelf(Opens below)) 1 Available 124279-1001

[2003] EWHC 427 (Ch), 5 March 2003. Appeal against an arbitrator's decision in a dispute over a right of way in accordance with the Arbitration Act 1996 s69. The claimant (M) leased a piece of land, on which a hotel had been constructed, from defendants (S) and another which conferred a right of way 'at all times and for all purposes for the purpose of gaining access to an egress from the site and the county highway'. A copse owned by a third party was situated between the leased land and the motor racing circuit. M wished, by agreement with the owners of the copse to construct a fast track vehicular access through the copse to link the hotel and circuit directly. The parties referred to arbitration the question whether it would be a lawful use of the right of access conferred by the lease to enable hotel guests to enter the leased land and then drive through the copse to the circuit. The arbitrator ruling in favour of S, decided that such use of the right of access was outside that granted by the lease. Appeal dismissed.