COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CHANCERY DIVISION
MANCHESTER DISTRICT REGISTRY
HIS HONOUR JUDGE PELLING QC
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE CARNWATH
LORD JUSTICE HOOPER
| KEITH JOHN WALL
|- and -
|BRIAN COLLINS & ANR
Ian Foster (instructed by Messrs. Widdows Mason) for the Respondents
Hearing date : Wednesday 4th April, 2007
Crown Copyright ©
see: Wall v Collins & Anor  EWCA Civ 444 (17 May 2007)
Lord Justice Carnwath :
i) Paragraph 2 of the Judge's declaration will be varied by substituting a declaration in the following terms:
The Claimant, as the owner of the property, 231 Leigh Road, aforesaid, and the parcel of land ("the Back Land") adjoining the same to the east and rear thereof, enjoys in the terms of grant contained in an assignment dated 25th February 1911 and made between Ellen Dodd and others (1) Harold Hurst (2) and Robert Morris (3) a right of passage over and along the passageway ("the South Road") situate upon the Defendants' said property and lying to the south of the dwelling thereon and linking the Back Road to Leigh Road.
ii) The Respondents will pay the Appellants costs of the appeal, to be subject to detailed assessment if not agreed.
iii) The Order of the Judge in respect of costs below (paragraphs 2 and 3 of the Order) shall be varied by substituting an order that there will be no order for costs of the proceedings before the judge.
Lord Justice Hooper:
Lord Justice Mummery: