The parties disputed the boundary between their properties, alleging various trespasses. The judge ordered a single expert witness. The court had been unable to establish the line of the boundary from the conveyances or the Land Registry plans. After the trial it appeared that the expert had met privately with one of the parties in breach of the guidelines in In re P.
Held: In practice the boundary line had been determined by the judge from the evidence of the non-expert witness. Any tainting of his evidence had not affected the outcome.
Citations:
[2007] EWCA Civ 305
Links:
Jurisdiction:
England and Wales
Citing:
Cited – MP (a Child) v Mid-Kent Healthcare Trust CA 5-Nov-2001
In medical negligence cases, where non-medical expert evidence was ordered to be provided to the court on a joint basis, as should normally be the case, it would be inappropriate for that expert to be cross examined by either of the parties, and nor . .
Cited – Kingsmill v Millard 20-Jun-1855
Parke B set out the doctrine that a tenant acquiring adjoining land by adverse possession acquires it on behalf of his landlord: ‘It is laid down in all the cases – whether the inclosed land is part of the waste, or belongs to the landlord or a . .
Cited – Tower Hamlets v Barrett and Another CA 19-Jul-2005
The defendant tenants appealed an order for them to surrender possession of land which they claimed had been acquired by adverse possession. The buildings, including one which shared a party wall with the building owned by the defendants had been . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 10 July 2022; Ref: scu.251390
