[2007] EWCA Civ 181, 16 February 2007. The appellant police authority appealed against a decision of a judge to grant an injunction in favour of the respondent as opposed to damages in lieu in respect of a stretch of land over which the respondent had a right of way. The police authority carried out substantial construction work that involved reorganising the traffic flow of the site and placing a container across the relevant stretch, which prevented the passage of vehicles. More than three years later, the respondent brought proceedings. The police authority submitted that the judge had erred as he did not give proper consideration to the long period of delay between the time when the respondent had knowledge of the police authority 's proposed alterations and the time when he brought proceedings. ?Held?: the judge found that the respondent had protested orally against the proposed alterations before any work had taken place but the police authority had proceeded regardless without seeking to clarify the respondent 's position.