Thompson & Anor v Collins & Anor

Thompson & Anor v Collins & Anor

The trial judge was entitled to find, on the evidence, that the laurel hedge and bay tree marked the boundary. Any error in considering subjective factors was not material. The telephone conversation did not give rise to apparent bias as it was procedural, short, and innocuous. The appeal is dismissed.

Source-derived case information.

Parties
Appellant: Thompson & Anr; Respondent: Collins & Anr
Jurisdiction
England and Wales
Judgment Date
06 April 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Apparent Bias, Conveyancing, Evidence Assessment
Property Law Boundary Disputes Apparent Bias Conveyancing Evidence Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Thompson & Anr

Appellant

Collins & Anr

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in determining the boundary between the parties' properties
  2. 2 Whether the trial judge was apparently biased due to a telephone conversation with one party's solicitor

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the laurel hedge and bay tree marked the boundary. Any error in considering subjective factors was not material. The telephone conversation did not give rise to apparent bias as it was procedural, short, and innocuous. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Trial judge's order as to boundary and costs stands