And finally… de novo acquisition
A couple have been left facing legal costs of around £150,000 after losing an appeal in a 14-year dispute with their neighbours over a garden fence, an ornamental squirrel and offensive songs posted on YouTube.
Philip and Denise New became embroiled in a long-running row with neighbours Steve and Karen Gibson after a disagreement over the boundary between their adjoining properties in Thundersley, Essex, in 2012.
The dispute, involving a strip of land only a few inches wide, escalated when the News removed a squirrel ornament from a fence post between the properties. The ornament was described in court as having significant sentimental value to the Gibsons.
The case also heard that Mr New, a comedy songwriter, had written and uploaded songs about Mr Gibson to YouTube. One, entitled Neighbours, contained insulting lyrics directed at the couple.
Last year, Southend County Court ruled in favour of the Gibsons, awarding them £13,000 in damages and interest. The News were also ordered to pay their neighbours’ legal costs, estimated at about £120,000.
The couple appealed, arguing the damages award was excessive and should be reduced, which they hoped would also overturn the costs order.
Although Mr Justice Thompsell reduced the damages by £700, he rejected the News’ attempt to avoid liability for costs. He said the modest reduction did not justify disturbing the original costs order and ordered the couple to pay a further £19,000 towards the Gibsons’ legal costs of the appeal.








