Hunte v Bottomley and Sons Ltd [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWCA Civ 1168, 16 October 2007. Surveyors preparing evidence in legal proceedings should remember plans, maps, diagrams or photographs should be clearly marked and intelligible. What might be obvious to those who knew the case would not necessarily be so to a judge. A tenant of a café took a lease on an estate where the landlord regulated access roads to the café. The lease gave the tenant right of way for both vehicles and pedestrians. The landlord blocked access during the sale of nearby buildings. The tenant brought an action against the landlord for damages which was later appealed. Held: appeal dismissed. The court did not have a full set of plans or photographs showing all the relevant features relevant to the case; thus wasting court time and increasing costs. References to colours were not helpful where visual evidence was not in colour. The landlord was not justified in blocking access to the café and therefore building a wall and closing the roadway was a clear breach of the covenant for quiet enjoyment. Damages awarded.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 142163-1001 |
[2007] EWCA Civ 1168, 16 October 2007. Surveyors preparing evidence in legal proceedings should remember plans, maps, diagrams or photographs should be clearly marked and intelligible. What might be obvious to those who knew the case would not necessarily be so to a judge. A tenant of a café took a lease on an estate where the landlord regulated access roads to the café. The lease gave the tenant right of way for both vehicles and pedestrians. The landlord blocked access during the sale of nearby buildings. The tenant brought an action against the landlord for damages which was later appealed. Held: appeal dismissed. The court did not have a full set of plans or photographs showing all the relevant features relevant to the case; thus wasting court time and increasing costs. References to colours were not helpful where visual evidence was not in colour. The landlord was not justified in blocking access to the café and therefore building a wall and closing the roadway was a clear breach of the covenant for quiet enjoyment. Damages awarded.