A clear push towards ADR for neighbour disputes.
I suspect this reflects the enormous pressure on the system at present, and the backlog that they face.
ADR is almost always a preferable option for parties to a dispute, and with the rise in virtual mediations this is entirely possible during the pandemic. These intensely emotive type of disputes are often the type of cases where costs are disproportionately high and people are set in their stance as a matter of principle. There will inevitably continue to be cases that Courts have to decide.
Keep neighbour disputes out of court, urges master A High Court judge has expressed hope that parties involved in neighbour disputes will stay out of court and leave space for more pressing issues. Master McCloud concluded her judgment in McGill v Stewart & Anor – a dispute between neighbours about private vehicles using their shared single access lane – by suggesting these cases were more suited for lower-cost forms of online resolution out of court. This should ‘either now or in the near future’ involve decisions and discussion – assisted by lawyers if necessary – alongside software designed to help with self-identifying key issues and pre-trial steps.