John Clargo acted for the Claimant in a neighbour dispute concerning access to a passageway leading to a garden at the rear of a residential property in north London.
The case arose from a long‑running disagreement between the Claimant and her neighbours over the use of a passageway forming part of the Claimant's property, which had previously been used by other residents to access the garden. The Claimant withdrew consent for use of the passageway citing privacy concerns, following which the dispute escalated.
The Claimant brought proceedings alleging harassment and trespass. The court heard evidence that the gate securing the passageway had been forced on two occasions and that a lock had been changed without the Claimant's knowledge. The dispute led the Claimant to seek injunctive relief.
At a hearing in the County Court, the judge granted relief in the Claimant's favour and ordered the Defendants to pay approximately £20,000 in legal costs. In giving judgment, the court found that the forced entry to the passageway justified a costs order on the indemnity basis notwithstanding it was an application for interim relief.
The case has been covered extensively in the UK press, including: