Mobil Oil Company Ltd has succeeded in its dispute with Birmingham City Council over rights of way at the companys service station on Stratford Road, Hall Green, Birmingham.
The council own the freehold land surrounding the station. Mobil had sought to establish that it had rights of way over the adjoining council land, or, failing that, had sought to obtain a court ruling protecting it from the consequences of not having such rights
By a two-to-one majority, the Court of Appeal has found in favour of Mobil.
Arden LJ said that the appeal should be allowed for the limited extent of declaring that Mobil had a right of way to neighbouring Reddings Lane for the purpose of its garage business. However, she added that this right should end if a scheme aimed at widening Reddings Lane was extended.
Mobil Oil Co Ltd v Birmingham City Council Court of Appeal (Aldous, Sedley and Arden LJJ) 2 November 2001.
John Martin QC and James Ayliffe (instructed by Metson Cross & Co) appeared for the appellant; Judith Jackson QC and John McGhee (instructed by the solicitor to Birmingham City Council) appeared for the respondents.
PLS News 2/11/01
