London Tara Hotel v Kensington Close Hotel [2011] EWCA Civ 1356 was a high-value dispute between two major London hotels over the use of an access ring road. The dispute required the High Court and Court of Appeal to consider the previous Agreements or permissions given by the Tara Hotel and the actual use of the access road over a period of time. Kensington Close Hotel had established rights to use the ring road and could continue to trade accordingly. Andrew Tugwell acted for Kensington Close Hotel.
The case has helped was clarify existing use access rights or way and the effect of permissions given, if any. Owners need to be careful about others accessing land and take steps to prevent or regularise access on appropriate terms.