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29 November 2018 / Mark Whittell
Issue: 7819 / Categories: Features , Profession , Property , ADR
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Boundary disputes: the solicitor’s nightmare

​Mark Whittell offers a novel solution to the stresses & strains of the boundary dispute

  • Mediation can provide a quick, cheap and practical alternative to the protracted and expensive process of resolving a boundary dispute in court.

To the file we all dread—the boundary dispute.

  • The client is acting on a point of principle.
  • The client will be irrational and not act commercially.
  • The costs will be totally disproportionate.
  • The reality is one party will have to move for them to be happy.
  • No matter how well you conduct yourself, the court is going to be highly critical of the fact you have not settled and the costs you have incurred.
  • And it will hang around in your filing cabinet for ages as it will not have any priority.

It all leads to a worried and dissatisfied client and a frustrated solicitor.

The problem

You will be litigating usually over a small strip or piece of land which will have a negligible value, but because of the complexity of

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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

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Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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