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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Ely & Anor v Simmons & Anor [2012] EWCA Civ 652 (02 May 2012) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2012/652.html Cite as: [2012] EWCA Civ 652 |
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ON APPEAL FROM PLYMOUTH COUNTY COURT
(HIS HONOUR JUDGE NELLIGAN)
Strand, London, WC2A 2LL |
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B e f o r e :
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ELY & ANR |
Respondents |
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- and - |
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SIMMONS & ANR |
Appellants |
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The Respondents did not appear and were not represented.
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Lord Justice Lewison:
"Neither of the Cape sisters drove but they occasionally had visitors who would park in the driveway so we always kept it clear."
Her evidence did not focus on the disputed strip as opposed to the driveway generally. So the high point of the evidence of actual vehicular use in the early part of the 20 year period was for one year just before the period began when there was regular use of the driveway and for four years when there was occasional use. There is then an evidential gap until Mr and Mrs Simmons came on the scene from 2002.
Order: Application refused