Hatton & Anor v Connew & Anor

Hatton & Anor v Connew & Anor

Defendants are entitled to a re-trial regarding Bank Strip and Triangle and 70% of appeal costs; claimants are entitled to 30% of appeal costs for Swathe. Costs below must be varied, with costs relating to Bank Strip and Triangle reserved for re-trial judge. Payment on account for Swathe costs set at £7,500, offset against appeal costs, resulting in claimants owing defendants £965.

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
20 December 2013
Procedural Posture
Civil Appeal / Post Judgment, Costs and Consequential Orders
Outcome
Appeal allowed in part (Bank Strip and Triangle), dismissed in part (Swathe); costs orders varied.
Legal Topics
Boundary Disputes, Costs Assessment, Case Management, Appeal Disposition
Property Law Civil Procedure Boundary Disputes Costs Assessment Case Management Appeal Disposition

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 / Post Judgment, Costs and Consequential Orders

Legal Issues

  1. 1 disposition of appeal regarding Bank Strip, Triangle, and Swathe
  2. 2 case management directions
  3. 3 assessment and apportionment of appeal costs

Ratio Decidendi

Defendants are entitled to a re-trial regarding Bank Strip and Triangle and 70% of appeal costs; claimants are entitled to 30% of appeal costs for Swathe. Costs below must be varied, with costs relating to Bank Strip and Triangle reserved for re-trial judge. Payment on account for Swathe costs set at £7,500, offset against appeal costs, resulting in claimants owing defendants £965.

Court Disposition

Appeal allowed in part (Bank Strip and Triangle), dismissed in part (Swathe); costs orders varied.

Orders

  • Claim in respect of Bank Strip and Triangle remitted for re-hearing before different judge.
  • Claimants to pay defendants £8,465 in respect of appeal costs.