Posted: Friday, 4 January 2019 @ 13:43
As we enter the time of Christmas goodwill, it is perhaps worth reflecting that some of us will not be experiencing such harmony and will be less fortunate. A case in point are the two sets of neighbours recently featured in the press who have spent £500,000(half a million) on legal fees over a few feet of a muddy ditch.
The parties in dispute are the Gilks and the Wimslows; Lord Justice Bean, one of the presiding judges succinctly observed "This case is about a patch of land a few feet either way.What are the costs in this case so far? Half a million? I imagine that the disputed rights of way is worth rather less."
In my experience judges absolutely detest dealing with boundary disputes because their view is, what is the point?.
It makes for high risk litigation as well.
I can remember many years ago as a younger lawyer turning up to Court for a mini Court appointment with my client and the opposing side. The Judge got us all together, gave some legal analysis, explained how much he hated boundary disputes and asked us how much our legal costs were.
We plumped up with a figure.
The judge turned to me and said "Mr Patten what could you buy with that sum?"
I said "A BMW, sir"
The judge replied "You are damn right, Mr Patten. Don't you think that it would be much better that the parties spent their money on a BMW rather than a dispute like this?! Now, go outside all of you and sort this case immediately before I see you again."
Not surprisingly, we did a deal.
I would like to wish you all a Merry Christmas.