Mon, 18 Apr 2011
AN EXTREMELY bitter neighbour dispute about an old Victorian boundary wall that fell down in high winds finally ended with the Court of Appeal upholding the county court's judgement that the wall did not fall down due to anything for which the Defendants/Respondents were responsible.
As the Court of Appeal noted the litigation resulted in costs far greater than the cost of rebuilding the wall that will now have to be borne by the unsuccessful Claimants/Appellants. The Court carefully considered the role of experts in civil cases and confirmed the importance of their non-partisan role even when advising their respective clients.
The court also considered the Ladd v. Marshall principles for allowing the introduction of new evidence on appeal.
Judith Winward, the solicitor at Ellisons who instructed Mr Leigh, said the case was a salutary reminder of how neighbour disputes escalate out of all proportion to the issue involved.
About Mr Leigh's handling of the case she said:
Mrs Rawlinson, who with her husband was one of the Defendants, said that she was so incredibly relieved that the litigation is finally all over though she remains upset that her neighbours felt they needed to pursue this so far and at such enormous cost.
Mrs Rawlinson said:
Because I knew nothing about courts or court procedure or the legal system I found this experience to be very upsetting and very frightening but Kevin Leigh was extremely supportive throughout and he managed to put me at ease.
Judith Winward went on to comment on Kevin Leigh:-
Kevin Leigh is sharp witted and extremely capable advocate who exudes confidence and has an affable yet courteous approach to his lay clients.