The parties disputed the ownership of a wall between their properties. The claimants appealed an order finding title by adverse possession. The parties had spent a huge and disproportionate sum on legal fees in the dispute.
Held: The appeal was in effect against the award of costs. The appellant had been required to bear the bulk of costs after refusing a reasonable offer of compromise. The order was correct. Where a point would be academic to the outcome of the trial, there was no human right for a party to have that academic point decided.
Judges:
Tuckey LJ, Arden LJ, Lawrnce Collins LJ
Citations:
Times 05-Mar-2007, [2007] EWCA Civ 94
Links:
Jurisdiction:
England and Wales
Land, Limitation
Updated: 21 October 2022; Ref: scu.248830