White (appellant) v Alder & another (respondents)
Wednesday 26 March 2025
By Appellant’s Notice filed on 10 November 2023, the defendant, appeals the order of HHJ Duddridge, following his judgment dated 20 October 2023 sitting in Chelmsford County Court.
After a rolled up hearing, the Judge (1) refused permission to appeal from the order of DJ Mills dated 29 July 2022 on Grounds 1, 2, 3 and 4 (2) granted permission to appeal on Ground 5 (3) dismissed the appeal on Ground 5. He also made other consequential orders.
The parties are neighbouring residential property owners. Claim arising out of alleged trespass following the demolition by or on behalf of the defendant of a garden wall that allegedly sat between the claimants’ and defendant’s properties. Other trespasses are alleged to have taken place, with alleged encroachments into the claimants’ garden through the placing of furniture, the spraying of weedkiller and the placing of concrete slabs.
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