Gibson & Anor v New & Anor [2021] EWHC 1811 (QB) (01 July 2021)

Gibson & Anor v New & Anor [2021] EWHC 1811 (QB) (01 July 2021)

The appeal was dismissed because the appellants failed to plead the key points on expert qualification and appointment, both parties accepted the appointment and actions of the expert, the settlement agreement was a valid boundary agreement not requiring section 2 compliance, and the judge's award of indemnity costs...

Source-derived case information.

Citation
[2021] EWHC 1811 (QB)
Parties
Respondent/claimant: Stephen Wayne Gibson; Respondent/claimant: Karen Gibson; Appellant/defendant: Philip New; Appellant/defendant: Denise New
Jurisdiction
England and Wales
Judgment Date
01 July 2021
Procedural Posture
Civil Appeal (boundary Dispute) / High Court Appeal From County Court Preliminary Issue Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Expert Determination, Settlement Agreements, Pleading Requirements, Costs (indemnity Basis)
Property Law Civil Procedure Boundary Disputes Expert Determination Settlement Agreements Pleading Requirements Costs (indemnity Basis)

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Parties

Stephen Wayne Gibson

Respondent/claimant

Karen Gibson

Respondent/claimant

Philip New

Appellant/defendant

Denise New

Appellant/defendant

Procedural Posture

Civil Appeal (boundary Dispute) / High Court Appeal From County Court Preliminary Issue Judgment

Legal Issues

  1. 1 Whether the parties are bound by the expert determination of a boundary under a settlement agreement
  2. 2 Whether the expert was validly appointed under the agreement
  3. 3 Whether the settlement agreement is void for non-compliance with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

Ratio Decidendi

The appeal was dismissed because the appellants failed to plead the key points on expert qualification and appointment, both parties accepted the appointment and actions of the expert, the settlement agreement was a valid boundary agreement not requiring section 2 compliance, and the judge's award of indemnity costs was justified by the appellants' unreasonable conduct.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the parties are bound by the Stephenson Report demarcating the boundary between 24 and 25 Sunnymede Close, Benfleet, Essex SS7 3QT.
  • Defendants to pay claimants' costs on the indemnity basis, including pro bono costs to the Access to Justice Foundation, with £6,000 on account within 14 days.