‘One of the parties in a 14-year-long boundary dispute has avoided having to pay £27,000 in costs for an appeal, because the order he was appealing against said nothing about costs.’
Law Society’s Gazette, 25th March 2024
Source: www.lawgazette.co.uk
‘As land lawyers know, but neighbours often do not, the title plan for a registered title at HM Land Registry is (unless it states to the contrary) “general” (Section 60(1)(2) Land Registration Act 2002).’
St Philips Barristers, 22nd February 2024
Source: st-philips.com
‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’
Gatehouse Chambers, 15th September 2023
Source: gatehouselaw.co.uk
‘Brittany Pearce, Real Estate barrister was recently involved in a dispute between neighbours concerning her client’s retaining wall, which was in disrepair and required replacement. The cost of replacing the wall with a stronger wall which didn’t encroach further on to either party’s driveway was estimated to be £25,000. The parties couldn’t agree why the wall required replacement or who should bear the cost and litigation ensued. By the end of proceedings, the parties had spent around £160,000 on legal fees and disbursements. In this article Brittany will discuss the measured duty of care as well as her thoughts on dealing with these claims in a proportionate manner.’
St John's Chambers, 5th September 2023
Source: www.stjohnschambers.co.uk
Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. In Davis & Anor v Winner, His Honour Judge Mithani KC, in somewhat of a surprising judgment, stated, obiter dictum, that to prevent disproportionate costs in boundary disputes involving a small amount of land they should be allocated to the Small Claims Track (“SCT”). Davis has been subsequently relied upon by District Judges to allocate analogous cases to the SCT. However, given the complex characteristics of boundary disputes, it is necessary to undertake a detailed assessment of their suitability for the SCT.
Pallant Chambers, 14th December 2022
Source: www.pallantchambers.co.uk
‘The Constitution Unit publishes the results of a landmark investigation into the independence and accountability of parliament’s watchdogs.’
UCL Constitution Unit, 12th July 2022
Source: www.ucl.ac.uk
‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’
Nearly Legal, 18th April 2022
Source: nearlylegal.co.uk
‘This Commons briefing paper gives an overview of some commonly raised issues about land law.’
House of Commons Library, 8th June 2021
Source: commonslibrary.parliament.uk
‘Oxton Farm had unsuccessfully sought judicial review of the decision of Harrogate Borough Council (the Council) to grant outline planning permission for 21 new homes and a village shop in Bickerton, North Yorkshire in September 2018 and appealed the judgment of the High Court to the Court of Appeal.’
No. 5 Chambers, 8th July 2020
Source: www.no5.com
‘A judge was wrong to refuse adjourning a trial where one of the litigants injured his back just before the hearing and needed an emergency operation, the High Court has ruled.’
Litigation Futures, 5th May 2020
Source: www.litigationfutures.com
‘MPs will no longer automatically get a vote on any future plans to redraw constituency boundaries.’
The Guardian, 26th March 2020
Source: www.theguardian.com
‘City and County of Swansea Council has rejected an allegation that it used the wrong boundary to appraise a planning application that affects the Gower area of outstanding natural beauty (AONB).’
Local Government Lawyer, 31st October 2018
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’
Local Government Lawyer, 7th August 2018
Source: www.localgovernmentlawyer.co.uk
‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’
Practical Law: Construction Blog, 14th March 2018
‘Government does not have parliamentary support for revised boundary changes, which would boost Tory election win chances, say Labour and Lib Dems.’
The Guardian, 17th October 2017
Source: www.theguardian.com
‘Boundary disputes are among the most expensive and acrimonious litigation. It is rare to find an area of law in which a “point of principle” so often leads to such disregard of otherwise compelling considerations such as time, energy and cost. Kerry Bretherton QC of Tanfield Chambers provides a summary of some of the main legal principles applicable in boundary disputes that RICS professionals should be aware of.’
Tanfield Chambers, 9th August 2017
Source: www.tanfieldchambers.co.uk
‘A judge accused warring neighbours of having “handbags in the cul-de-sac” after an 81-year-old man attacked a man living next door with a rounders bat.’
Daily Telegraph, 26th March 2017
Source: www.telegraph.co.uk
‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’
Tanfield Chambers, 2nd February 2017
Source: www.tanfieldchambers.co.uk
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