Benson v Richards, Court of Appeal - Civil Division, October 11, 2002, [2002] EWCA Civ 1402

Reporting Judge: [2002] EWCA Civ 1402

President: Benson v Richards

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Benson v Richards, Court of Appeal - Civil Division, October 11, 2002, [2002] EWCA Civ 1402

Case No: B2-2002-1782

Neutral Citation Number: [2002] EWCA Civ 1402

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM TELFORD COUNTY COURT SITTING AT BIRMINGHAM

Her Honour Judge Alton

Royal Courts of Justice

Strand,

London, WC2A 2LL

Friday 11th October 2002

Before :

THE VICE-CHANCELLOR

LORD JUSTICE POTTER

and

LORD JUSTICE CARNWATH

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Between :

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(Transcript of the Handed Down Judgment of

Smith Bernal Reporting Limited, 190 Fleet Street

London EC4A 2AG

Tel No: 020 7421 4040, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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Ms Melanie McDonald (instructed by Gabb & Co for the Claimant/Respondent

Samantha Jane Richards - Litigant in Person

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Judgment

As Approved by the Court

Lord Justice Carnwath :

Introduction

1. This is the judgment of the whole Court. The stark fact is that an order for the removal of a fence, made as long ago as May 1998 and renewed on several occasions since, remains still unimplemented. That has led to the defendant, Miss Richards, spending several weeks in prison this summer, as a result of the judgment now under appeal; and to an application to commit her mother, Mrs Richards, who has encouraged in her defiance of the court orders, for criminal contempt. Yet the fence is still in place.

2. We address below the arguments presented by Mrs Richards, who with our consent spoke on her daughter's behalf. However, nothing which follows in this judgment should be seen as detracting from the simple message that the Court's order must be obeyed, and the fence must be removed. The sooner the Richards appreciate that fact, the less misery and expense they will cause to themselves and all others involved in this unhappy saga.

Background

3. The story begins in December 1995, when Miss Richards erected a pig wire fence along what she claimed to be the boundary of her land adjoining that of the claimant, Mr Benson. Mr Benson began these proceedings to establish the true boundary...

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