Hatton & Anor v Connew & Anor

Hatton & Anor v Connew & Anor

The judge's failure to record or permit cross-examination of expert evidence on the Bank Strip and Triangle constituted a serious procedural irregularity rendering the decision unjust; the findings on these issues must be set aside and remitted for rehearing. The finding on the Swathe was justified on the evidence and stands.

Parties
Claimant/respondent: William Patrick Hatton; Claimant/respondent: Margaret Mary Hatton; Defendant/appellant: Peter Connew; Defendant/appellant: Iris Connew
Jurisdiction
England and Wales
Judgment Date
10 December 2013
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Boundary Disputes, Expert Evidence, Procedural Fairness, Proprietary Estoppel, Rectification
Land Law Civil Procedure Boundary Disputes Expert Evidence Procedural Fairness Proprietary Estoppel Rectification

Case Brief

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Parties

William Patrick Hatton

Claimant/respondent

Margaret Mary Hatton

Claimant/respondent

Peter Connew

Defendant/appellant

Iris Connew

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the trial judge's handling of expert evidence amounted to a serious procedural irregularity
  2. 2 Whether the boundaries of the Bank Strip, Triangle, and Swathe were correctly determined
  3. 3 Whether proprietary estoppel or rectification applied to the Swathe

Ratio Decidendi

The judge's failure to record or permit cross-examination of expert evidence on the Bank Strip and Triangle constituted a serious procedural irregularity rendering the decision unjust; the findings on these issues must be set aside and remitted for rehearing. The finding on the Swathe was justified on the evidence and stands.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • The appeal is allowed in relation to the Bank Strip and Triangle; these issues are remitted for rehearing before a different judge.
  • The appeal is dismissed in relation to the Swathe.