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Retired teacher wins £50k legal battle to walk through garden gate
81-year-old teacher wins £50k legal fight against council over garden gate access.
In brief
81-year-old teacher wins £50k legal fight against council over garden gate access. Retired teacher Helene Ball won a £50,000 legal battle against Derbyshire County Council to regain access to her garden gate after three years of blocked entry. Originally reported by Dailymail.
Helene Ball wins legal battle
An 81-year-old retired teacher won a £50,000 legal battle against Derbyshire County Council to walk through her garden gate after three years of blocked access.
Garden gate blocked in 2023
Helene Ball discovered a metal fence cemented over a 98cm gap in her rear garden wall in April 2023, blocking her access to a council-owned car park.
40 years of unopposed access
Ms Ball had used the garden gate route unopposed for over 40 years since moving to Matlock in 1967.
£50k legal cost
The legal case cost around £50,00.00, with the council ordered to pay the costs and ensure continued access.
Prescriptive rights established
The court ruled that Ms Ball's continued access amounted to prescriptive rights to the route, which will now be added to the land deed.
Council's combative legal defense
The council's legal representation was described as 'pugnacious' by Judge Robert Brown, with 'unsubstantiated assertions' and 'totally irrelevant' arguments.
Fence removed within a year
The fence panel was removed within a year, but vehicular access remained blocked for three years.
Car park on sale
The council-owned car park has been on the market for sale as a small housing development for three years.
Council's motive for blocking
The council installed the fence two weeks after the second anniversary of the death of Ms Ball's father, a time of great distress for the family.
Ms Ball's reaction
Ms Ball called the council's actions 'babyish' and 'shocking', saying they had 'messed with the wrong ones' and 'pushed me to my limit'.
Son's support
Ms Ball's son David aided her legal battle, stating the council had 'tried to shut us down for three years' and 'blanket denied our claim'.
Council's admission of fault
The council admitted to 'acting with malice and incompetence' and 'undermining your faith in the system' according to Ms Ball's son.
Court ruling details
Judge Robert Brown ruled the council's legal representation was 'surprisingly combative' with 'limited evidence' and 'unsubstantiated assertions'.
Installation of concrete blocks
Council workers are installing large concrete blocks through the car park to provide a route for Ms Ball's car to her garden.
Council's political context
The legal challenge started under the previous Conservative-controlled administration but the final hearing occurred under Reform UK control.
Ms Ball's final statement
Ms Ball said, 'We've been really struggling. At my age you don't know how many years you have left and this has given me three years plus of stress.'
The main idea
Retired teacher Helene Ball won a £50,000 legal battle against Derbyshire County Council to regain access to her garden gate after three years of blocked entry.
