Steve Hancox

"It would be a true optimist who would embark on a boundary dispute in the belief that it is likely to be straightforward.   Accordingly, costs are likely to be an issue in most boundary/easement disputes." 

Colin Sara - Boundaries and Easements 4th ed. (2008) p.440

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In Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287 the Court of Appeal heard a case which “was, in effect, a complaint by the occupants of one flat concerning noise made by the occupants of the flat above and involved the issue of whether or not the occupants above were obliged to carpet their floors.” It sounds simple but the legal issues were actually quite complex and it cost the parties over £140,000.   The appeal judges pointed out the benefits of mediation in which the parties would have been able to find a “sensible resolution of the practical problem which had arisen” rather than “embarking upon full blooded adversarial litigation".  

 

Lord Justice Jackson said “If the parties were driven by concern for the well being of lawyers, they could have given half that sum to the Solicitors Benevolent Association and then resolved their dispute for a modest fraction of the monies left over.” 

 

If you want to read the full report of the case you can find it here.