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Scammell v Dicker[2005] EWCA Civ 405

It was a non sequitur to argue from a disagreement about the meaning and effect of a contract to its legal uncertainty and a consent order settling a boundary dispute was not void for uncertainty where its implementation threw up a small practical problem of delineating the boundary on the ground.

22 April 2005

The appellant (D) appealed against the decision ([2003] EWHC 1601 (QB)) that a consent order compromising a boundary dispute between the parties was void for uncertainty. D had commenced proceedings against her neighbours (S) in order to determine the precise line of the boundary between them. The parties' properties were contiguous over a distance of about 200 metres. In the area of the boundary between the two properties was a track running roughly north/south. A hedgerow ran for most of that distance on a bank to the immediate west of the track, but the hedge did not continue to the northern or southern ends of the properties. The consent order settling those proceedings declared that the boundary was the line shown on a plan annexed to the order running along the western bank of the hedgerow where there was a hedge. The parties' surveyors attempting to settle the boundary on the ground encountered difficulties at the northern and southern ends of the boundary in part because there ...

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