The client met with Counsel, Mr. Samuel Okoronkwo, to discuss the implications of the recent hearing on 16 December 2024, where the court declined to strike out the defence and counterclaim. The judge acknowledged a typographical error in the defendant’s pleading and ordered it to be corrected. The client was granted permission to instruct an expert surveyor to assist with boundary clarification. A reduced costs order of £750 + VAT was made against the client. The client expressed frustration with the hearing outcome and concern that the judge may have improperly considered title and access issues. The client maintains that the property includes a 5.5 metre perimeter beyond the physical boundary wall, supported by conveyance documents and curtilage markers. The client is reluctant to pursue further litigation due to financial constraints and health concerns but remains committed to protecting their title and access rights.
Key issues include the legal distinction between proprietorship and easement, the evidential requirements for boundary determination, and the strategic direction of the case. The client is concerned about the cost of obtaining a compliant surveyor’s report and the risk of adverse findings. There is also uncertainty about the next procedural steps and the role of the solicitor and barrister in managing the case.
Counsel advised that the court will require a clearly defined boundary supported by expert evidence. The client must decide whether to continue the claim, seek settlement, or withdraw. Counsel emphasized that the court is unlikely to accept claims based on undefined or subjective boundaries and that a detailed surveyor’s report is essential. The client was encouraged to focus on the core legal issues and avoid being distracted by peripheral concerns. Counsel offered to assist with reviewing the draft order and potentially requesting a stay of proceedings to allow the client time to regroup and manage health and financial pressures. The client was advised to clarify their objectives and streamline their legal team to ensure consistent strategy and communication. Counsel reiterated the importance of presenting a coherent and legally sound case and offered to take the lead in managing the litigation if the client agrees to follow strategic advice.
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