header-logo header-logo

31 July 2009
Issue: 7380 / Categories: Legal News , Public
printer mail-detail

£70K shrub squabble

Six square metres of shrubs has cost two neighbours £70,000 in dispute that will continue in the Court of Appeal this autumn.

Cheltenham neighbours Martin Charalambous and Dr Welding will now resume their fight over a worthless patch of pyrocanthus shrubs after Mr Justice Jacob granted Charalambous permission to appeal, but urged the neighbours to consider mediation.

Last December, Gloucester County Court ruled in favour of Welding’s claim that the Land Registry records showed the boundary between their properties, and ordered Charalambous to pay £70,000 costs. Charalambous, on the other hand, maintains that the line of bushes marks the boundary. Charalambous’s solicitor, Conrad Gadd of Gadd and Co, says: “Everyone ought to sit down and negotiate. Our point of view is we’d like to. But it’s not very likely.”

Tim Wallis, mediator, North West Mediation Solutions, says a dispute of this sort would typically cost about £5,000–£6,000, once solicitors’ fees for both sides were taken into account, if they opted for mediation.

“People want their day in court, but that doesn’t actually give you a chance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll