PROVING THINGS 222: SPENDING £200,000 IN COSTS OVER 9 INCHES OF LAND: BEYOND THE JUDGE’S COMPREHENSION AS TO HOW THIS GOT SO EXPENSIVE
In Davis & Anor v Winner  EW Misc 23 (CC) the parties between them appear to have spent over £200,000 in costs. This is a dispute over inches of land. It is not surprising that HHJ Mithani QC expressed considerable concern about the costs involved. The claimants brought an action for trespass and failed to prove their case. This could be an expensive mistake.
“it is quite beyond my comprehension to see how an encroachment such as this would warrant the substantial costs which I was informed by both counsel had been incurred by the parties, who, at one stage, were very good friends to litigate this dispute. The Claimants’ costs alone are estimated at £90,000 plus VAT. I do not think the Defendant’s costs will be substantially less.”
The parties were neighbours. The claimant brought an action claiming that the defendant had built fences that encroached onto their property.