000 01635cam a2200217 4500
001 ABS67212
008 031111n2003 000 0 eng u
035 _a(Sirsi) u124279
245 _aMacepark (Whittlebury) Ltd v Sargeant and another
260 _c2003
490 _aWeekly Law Reports
_v[2003] 1 WLR 2284-2295(12)
520 _a[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.
590 _aABS
650 _aMACEPARK (WHITTLEBURY) LTD V SARGEANT AND ANOTHER
650 _aEASEMENT
650 _aRIGHT OF WAY
650 _aARBITRATION ACT 1996 S69
650 _aARBITAL AWARD
690 _aBoundary disputes
_96221
942 _n0
999 _c73766
_d73766