The House of Lords is to hear a test-case appeal brought by residents living near Newtown Common in Newbury, Berkshire, to moves by Bakewell Management Ltd (BML) to charge them for the right to drive over the common to access their homes.
Lord Slyn, Lord Hope and Lord Scott have granted permission for the homeowners to challenge a Court of Appeal ruling that they had no vehicular right of way over the common.
In the Court of Appeal, counsel for the residents argued that they had accessed their properties by way of the common for more than 20 years, and that, in the circumstances, they were entitled to “an easement by prescription”.
However, counsel for BML claimed that driving vehicles over the land throughout the 20-year period constituted a criminal offence and that the homeowners could not therefore have acquired any rights over the common.
The court agreed, dismissing the residents’ appeal. Ward LJ held that he was satisfied the court could not depart from the High Court decision, and added: “If the ramifications of that judgment and this are widespread, then it is for parliament to change the law or for the House of Lords to correct us – it is not for us to do so.”
The House of Lords has now decided to consider the case. No reasons have been given for its decision.
Bakewell Management Ltd v Brandwood and others House of Lords (Lord Slyn, Lord Hope and Lord Scott) 15 May 2003
References: PLS News 16/5/03
