header-logo header-logo

11 May 2012 / Jonathan Fowles
Issue: 7513 / Categories: Features , Property
printer mail-detail

Holding a wolf by the ears

istock_000007279874medium_4

It is impossible to draw a line under boundary disputes, discovers Jonathan Fowles

It seems that no matter how many times the Court of Appeal warns against the stressfulness and cost of boundary disputes, the territorial imperative continues to prove irrepressible. So, in the recent case of Cameron v Boggiano [2012] EWCA Civ 157, Mummery LJ (as he did in Bradford v James [2008] EWCA Civ 837) urged neighbours carefully to consider the human consequences of litigation in advance. He went on to say: “If the court’s warnings are ignored, there will one day be a final reckoning of the total expenditure and immeasurable human misery, and the hoary maxim ‘he who goes to law holds a wolf by the ears’ will strike a chord.”

When all else fails, the court nevertheless has to decide cases, and lawyers continue to have to give advice on matters other than the cost-efficiency of favourable settlement. In this respect, it is reasonable to feel that the law of boundaries is capable of the proverbial wolf’s trickery. Boundary disputes have been a victim of

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll