Was it worth it? Couple ordered to pay £150,000 fees after losing legal battle over a garden wall

Published 22nd Mar 2011

A couple have been hit with a £150,000 legal bill after a 10-year battle with neighbours over a garden wall.

Godfrey and Sandra Stanley, from Mistley, near Manningtree, in Essex, sued their neighbours for £24,500 compensation after their 150-year-old garden wall collapsed during a storm in October, 2001.

The couple claimed Roy and Shirley Rawlinson had done work to the wall which had undermined its structure and caused it to crumble during the storm.

A county court judge dismissed Mr and Mrs Stanley's claim last January.

The judge ruled they had not proved their neighbours had destabilised the wall, despite accepting the fact the work was carried out before its condition deteriorated.

The Stanleys were instead told to pay their neighbours' legal fees.

However, the determined couple challenged the judge's ruling at a hearing at London's Civil Appeal Court.

Their barrister, James Newman, argued the wall had survived many storms before that of October, 2001, and therefore the Rawlinsons' works were to blame.

But Kevin Leigh, barrister for the Rawlinsons, said the very old structure was already leaning when the 40mph winds hit that year.

He said the Stanleys remained doggedly determined to find the Rawlinsons responsible for their wall.

However, after only two hours, the appeal was dismissed and Lord Justice Laws ordered the Stanleys to pay the legal costs of the appeal, thought to be £150,000.
The court is expected to give reasons for the decision at a later date.

Neither Mr and Mrs Stanley, nor Mr and Mrs Rawlinson, were available for comment.

Source: ' Daily Mail '

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