Horn & Anor v Phillips & Anor [2003] EWCA Civ 1877 (18 December 2003)

Horn & Anor v Phillips & Anor [2003] EWCA Civ 1877 (18 December 2003)

The transfer of 1st September 1998 was not ambiguous; the boundary was to be determined by the 61 metre measurement as specified in the transfer. The Recorder was wrong to admit extrinsic evidence. The appeal is allowed. As to costs, the court found that neither party's earlier offers were effective under Part 36, but the letter of 25th October 2002 was relevant. There should be no order as to costs up to 21 days after 25th October 2002, but thereafter the claimants should pay the defendants' costs, including the trial.

Citation
[2003] EWCA Civ 1877
Parties
Claimants/respondents: Horn & Another; Defendants/appellants: Phillips & Another
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Boundary Disputes, Interpretation of Conveyances, Admissibility of Extrinsic Evidence, Costs Orders, Part 36 Offers
Property Law Civil Procedure Boundary Disputes Interpretation of Conveyances Admissibility of Extrinsic Evidence Costs Orders Part 36 Offers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Horn & Another

Claimants/respondents

Phillips & Another

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the boundary between the parties' properties should be determined by a straight line as held by the Recorder
  2. 2 Whether the transfer of 1st September 1998 was ambiguous so as to admit extrinsic evidence
  3. 3 Appropriate order as to costs in light of Part 36 offers and settlement correspondence

Ratio Decidendi

The transfer of 1st September 1998 was not ambiguous; the boundary was to be determined by the 61 metre measurement as specified in the transfer. The Recorder was wrong to admit extrinsic evidence. The appeal is allowed. As to costs, the court found that neither party's earlier offers were effective under Part 36, but the letter of 25th October 2002 was relevant. There should be no order as to costs up to 21 days after 25th October 2002, but thereafter the claimants should pay the defendants' costs, including the trial.

Court Disposition

Appeal allowed

Orders

  • Application to adduce new evidence allowed
  • Appeal allowed