A Neighbour Dispute: A case that cried out for mediation

Last month the Court of Appeal finally brought an end to a highly publicised, 14-year battle of neighbour dispute between two neighbours in Greater Manchester.

Their dispute centred on a number of issues including the ability to inspect and read utility meters on a property in Bexhill Road, Davenport.  When the houses involved were built the meters for No 96 (now owned by Mrs Cassillas) were built into the flank wall of No 96, which sat on the boundary of no 96 and no 98 (now owned by the Dickinsons).

This meant that they could only be accessed by entering the driveway of No 98.  Despite Mrs Cassillas’ requests, the Dickinsons refused her access to read the meters and denied that she was entitled to enter their land for that purpose.

County Court proceedings begin

In 2013, Mrs Casillas issued proceedings in the Manchester County Court to try and resolve the dispute.  After a two-day hearing, Recorder Khan found in favour of Mrs Casillas on all points and made declarations and injunctions accordingly.  The Dickinsons were ordered to pay Mrs Casillas’ costs.

The Court of Appeal makes final adjudication

The Dickinsons continued to argue and launched an appeal, which came to court in August 2017. All grounds for appeal were dismissed and in his closing comments Lord Justice David Richards said: “Where most neighbours would have found a sensible solution to the problems that arose between them, Mr and Mrs Dickinson took their stand on what they considered to be their strict legal rights. To their great cost, they were wrong about those rights.”

It is amazing to think that a dispute between neighbours could go this far – go on for this long and end up costing that much.  I can’t find any reference to mediation in this case, but it is certainly a case that cried out for it.

Court cases are time consuming can be hugely expensive as the parties here found out and can be emotionally draining for everyone involved.

Early Neutral Evaluation (ENE) as a first step or a mediation process later on could have steered both parties towards a dispute prevention or resolution path.

Should the law be changed to make mediation compulsory, to avoid cases like this coming to court?

Mediation Information Assessment Meetings (MIAMs) are already mandatory in family law cases and in construction cases, the pre-action protocol requires a meeting between the parties before issuing proceedings.

In my view MIAMs would be hugely beneficial in civil and commercial cases. Globally, mediation is becoming accepted as an effective method to manage the huge backlog of court cases and resolve disputes in a way that works for all parties involved.

As an experienced and innovative Mediator, accredited in Business Mediation for Commercial and Residential Property, Construction, Business and Commerce, Retail, Restaurant, Healthcare, Franchising, and financial related disputes I can help. With over 33 years’ experience as a property solicitor I am fully versed in the legal framework of property and business disputes, and passionate that mediation provides a fresh approach, with a 75% success rate.

To find out more about my mediation services please call 07776 141 717, email roger@rogerlevittmediation.co.uk