Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers

Posted October 10th, 2023 in boundaries, chambers articles, expert witnesses, injunctions, news, trespass by sally

‘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.’

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Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

Measured duty of care – St John’s Chambers

Posted October 4th, 2023 in boundaries, chambers articles, duty of care, news, party walls by sally

‘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.’

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St John's Chambers, 5th September 2023

Source: www.stjohnschambers.co.uk

Should Boundary Disputes Be Allocated to the Small Claims Track? – Pallant Chambers

Posted January 9th, 2023 in boundaries, chambers articles, costs, news, small claims by sally

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.

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Pallant Chambers, 14th December 2022

Source: www.pallantchambers.co.uk

Parliament’s watchdogs – UCL Constitution Unit

Posted July 14th, 2022 in boundaries, elections, news, parliament, reports, standards by tracey

‘The Constitution Unit publishes the results of a landmark investigation into the independence and accountability of parliament’s watchdogs.’

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UCL Constitution Unit, 12th July 2022

Source: www.ucl.ac.uk

EPA prosecution costs – Nearly Legal

‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’

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Nearly Legal, 18th April 2022

Source: nearlylegal.co.uk

Research Briefing: Land law: frequently asked questions (England & Wales) – House of Commons Library

‘This Commons briefing paper gives an overview of some commonly raised issues about land law.’

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House of Commons Library, 8th June 2021

Source: commonslibrary.parliament.uk

New Acts – legislation.gov.uk

Posted December 17th, 2020 in boundaries, conflict of laws, elections, legislation, parliament, treaties by tracey

Parliamentary Constituencies Act 2020

Private International Law (Implementation of Agreements) Act 2020

Source: www.legislation.gov.uk

Court of Appeal on: tilted balance, settlement boundaries and standard method – No. 5 Chambers

Posted July 10th, 2020 in appeals, boundaries, chambers articles, local government, news, planning by sally

‘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.’

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No. 5 Chambers, 8th July 2020

Source: www.no5.com

Judge was wrong not to adjourn trial involving injured litigant – Litigation Futures

Posted May 7th, 2020 in accidents, adjournment, boundaries, news by sally

‘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.’

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Litigation Futures, 5th May 2020

Source: www.litigationfutures.com

MPs no longer to get automatic vote on constituency boundary plans – The Guardian

Posted March 27th, 2020 in boundaries, brexit, elections, news, parliament by sally

‘MPs will no longer automatically get a vote on any future plans to redraw constituency boundaries.’

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The Guardian, 26th March 2020

Source: www.theguardian.com

Council rejects claims it used wrong boundary over planning application – Local Government Lawyer

‘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).’

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Local Government Lawyer, 31st October 2018

Source: www.localgovernmentlawyer.co.uk

High Court dismisses legal challenge to local government reorganisation in Dorset – Local Government Lawyer

Posted August 7th, 2018 in boundaries, judicial review, local government, news by sally

‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’

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Local Government Lawyer, 7th August 2018

Source: www.localgovernmentlawyer.co.uk

Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

‘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.’

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Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Ministers urged to ditch plans to cut number of MPs by 50 – The Guardian

Posted October 17th, 2017 in boundaries, constitutional reform, consultations, elections, news, parliament by tracey

‘Government does not have parliamentary support for revised boundary changes, which would boost Tory election win chances, say Labour and Lib Dems.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

Where to draw the line? – Tanfield Chambers

Posted August 22nd, 2017 in boundaries, evidence, news by sally

‘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.’

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Tanfield Chambers, 9th August 2017

Source: www.tanfieldchambers.co.uk

‘Handbags in the cul-de-sac’: Judge accuses neighbours of ‘acting like immature teenagers’ in boundary row – Daily Telegraph

‘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.’

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Daily Telegraph, 26th March 2017

Source: www.telegraph.co.uk

Reeves v Young – Tanfield Chambers

Posted February 16th, 2017 in boundaries, costs, enforcement, estoppel, news, party walls, surveyors by sally

‘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.’

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Tanfield Chambers, 2nd February 2017

Source: www.tanfieldchambers.co.uk

Time to party (over that wall) like it’s 1996 – Hardwicke Chambers

Posted December 1st, 2016 in boundaries, enforcement, news, party walls by sally

‘As the incredible rise of our transatlantic wall-building friend sets gently into the twilight of credulity, it provides us with an opportunity to get back to reality with the Party Wall etc. Act 1996 (PWA 1996).’

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Hardwicke Chambers, 1st December 2016

Source: www.hardwicke.co.uk

How are the boundary changes going to affect you? – The Independent

Posted September 13th, 2016 in boundaries, elections, news, parliament by sally

‘You may wonder what it has to do with you if two or three electoral wards move from one constituency to another at the other end of the country.’

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The Independent, 13th September 2016

Source: www.independent.co.uk