Turner & anr (respondents) v Coates (appellant)
Tuesday 12 December 2023
By Appellant’s Notice filed on 15 November 2023, the Defendant appeals the order of HHJ Venn dated 26 October 2023 sitting in Hastings County Court, by which D was committed to prison for 252 days.
Background – Neighbour dispute. The First Claimant is the registered proprietor of her home in East Sussex and of a access track at the rear of her property. The Defendants are joint proprietors of the adjoining property. The properties are semi- detached and share a party wall and garden boundary.
HHJ Venn’s order dated 15 September 2022 after trial of the Claimants claim, made declaratory relief as to the boundaries between the properties and the rear access track, made an injunction requiring the Defendants to remove items encroaching on the First Claimant’s property and to refrain from future trespass, made an injunction pursuant to the Protection from Harassment Act 1997 (against the First Defendant) , ordered damages totalling £260,000 plus interest; and made consequential costs orders.
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