SOME THINGS MAY BE BETTER MEDIATED THAN LITIGATED: NEIGHBOUR DISPUTES FOR INSTANCE

2 Responses

1. 

   Tim · October 10, 2014 at 00:31:50 · →

   I, for one, am thorougly bored of judges moaning about neighbour disputes not settling. If people want to settle, fine. If they cannot settle, the judge is there to try the case. If the judge was unhappy about it being in the High Court, he might have wondered why it had not been transferred to the County Court at an earlier case management hearing.

2. 

   legalorange · October 10, 2014 at 21:53:07 · →

   Am interested in whether there was a pre-trial review hearing? If so, that may have been a missed opportunity to force the parties into ADR (with some strongly worded judicial observations).

   Also it would be useful to know if the parties were LEI funded. If so, neither may have been on the hook for costs up to the indemnity limit (likely to be £100k) and therefore explain why they went to trial as the costs risk was technically nil, but the bragging rights over their neighbours would have been priceless.

   It’s the same old story though – boundary disputes tend to involve people who are:

   – over 50;
   – retired or semi retired;
   – have limited or zero hobbies and therefore a lot of time on their hands
   – are generally bitter about how their life has turned out;;
   – read the Daily Mail; and
   – have a daughter in Canada or Australia (surprisingly true).

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