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Hello, I am the Claimant in a boundary dispute and it is just 17 weeks before the trial starts and an LIP. I have received an email from the Defendants legal advisor this afternoon stating that they are going to ask the Judge to attend the property in question on the morning the trial starts prior to any of the court proceedings starting. To me this feels like a lobbying exercise and I should lodge an objection to the request. Am I correct?
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Isn't the better question whether a site inspection will aid the judge in understanding the issues that he will need to decide? This can be useful in aboundary case.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Surely if the judge does attend he could not be shown the issue by one party? One would also imagine the hearing would take place and then the judge would decide if a visit is necessary?Comment
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For convenience / time, could the Judge not use Google Earth?Comment
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I believe the Judge should hear all the evidence first and then decide whether s/he need to visit the site to clarify any points that will guide his judgement. The Defendants have used a solicitor who describes herself as a specialist in boundary matters, they have appointed an expert witness who has carried out a survey, as have we and as directed by the Judge in a CMC. The logistics of me being able to attend the property on the day the trial is supposed to start is complicated - the site is 30 miles from the court and I don't live there. Perhaps I'm missing something!Originally posted by atticus View PostComment
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Certainly not. The Defendants are wholly untrustworthy. Your second sentence is exactly what I think is the correct process.Originally posted by islandgirl View PostComment
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If you are ready with your submissions on this, then the judge will take account of them. Remember that he has to conduct a fair trial.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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