Mark Warwick QC and Duncan Kynoch successfully represented the Claimants in Thurloe Lodge Ltd v Amberwood Drive Ltd & Anor (2019). It was held that the Claimant was entitled to an interim injunction, allowing construction traffic to enter a private road to load and unload building materials, to be used for the building a very large house. This was decided on the basis that it was arguable that their express right of way to “pass and repass” along the road included the right to park and load and unload, as a matter of implication or by section 62 of the LPA 1925.
The interim injunction was applied for to prevent the defendants from interfering with a right of way.
The full case summary can be found here.
The case has been covered by The Evening Standard and The Daily Mail