The Court of Appeal has granted the Claimant permission to appeal in
Kerry Bretherton QC successfully acted for the respondent in the case Vance v Collerton
In Vance v Collerton,[2019] EWHC 2866 (Ch) Kerry Bretherton QC acted for the successful Respondent.
The issue in this case concerned the extent of a right of way which provided access to the Vances’ cottage up a drive owned by the Collertons. Miss Bretherton QC, who was instructed by the highly respected Ms Messer of Gardner Leader LLP, successfully argued that the right of way should be construed by reference to the width of the gate which existed at the time of the grant and so did not include a right to access by a car, notwithstanding the broad language of the transfer.