Boas & Ors v Aventure International Ltd [2020] EWHC 237 (Ch) (30 January 2020)

Boas & Ors v Aventure International Ltd [2020] EWHC 237 (Ch) (30 January 2020)

The appellate court found that the Recorder's assessment of the evidence, particularly the photographic and documentary material, was not plainly wrong or unsupported by the evidence. The Recorder's holistic approach, including the site visit and consideration of all relevant materials, was within the range of reasonable conclusions open to a trial judge. The threshold for appellate interference was not met.

Citation
[2020] EWHC 237 (Ch)
Parties
Claimant/appellant: Barry Boas; Claimant/appellant: Denise Boas; Claimant/appellant: Andrew Richard Boas; Defendant/respondent: Aventure International Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2020
Procedural Posture
Appeal (part 7 Claim, Boundary Dispute, Trespass) / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Trespass, Construction of Conveyance, Appellate Review of Factual Findings
Property Law Civil Procedure Boundary Disputes Trespass Construction of Conveyance Appellate Review of Factual Findings

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Barry Boas

Claimant/appellant

Denise Boas

Claimant/appellant

Andrew Richard Boas

Claimant/appellant

Aventure International Limited

Defendant/respondent

Procedural Posture

Appeal (part 7 Claim, Boundary Dispute, Trespass) / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 What is the true boundary between the parties' freehold properties?
  2. 2 Did the Recorder err in his assessment of the evidence regarding the position of the original fence?
  3. 3 Should the appellate court interfere with the trial judge's findings of fact in a boundary dispute based on documentary and photographic evidence?

Ratio Decidendi

The appellate court found that the Recorder's assessment of the evidence, particularly the photographic and documentary material, was not plainly wrong or unsupported by the evidence. The Recorder's holistic approach, including the site visit and consideration of all relevant materials, was within the range of reasonable conclusions open to a trial judge. The threshold for appellate interference was not met.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Recorder's order as to the boundary stands.