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Epic row between neighbours comes to a close

Posted by Jack Abell on Sep 22, 09 01:55 PM in People

A WEALTHY home owner who accused his next-door neighbour of deliberate dishonesty in the midst of a bitter dispute over encroaching damp has had his case thrown out by a top judge.
Enda Lyons and Ian Gardner, have lived beside each other in Nightingale Lane, Chalfont St Giles since 1988, in the divided parts of what was once a single Edwardian house.

For years, Mr Lyons has accused Mr Gardner of triggering a serious damp problem in his kitchen, breakfast room and cloak room.
Mr Lyons has for many years insisted that the damp problem was caused or at least worsened by drainage works carried out by Mr Gardner as far back as 1995.
He says the works caused water to gather along his north wall in the courtyard that divides the two homes.
He sued Mr Gardner for alleged "nuisance", but had his case dismissed by Judge Charles Harris at Oxford County Court in 2006.
His Appeal Court challenge to that ruling was also rejected in February 2007 and Mr Lyons was left facing substantial legal costs bills.
Since then however, Mr Lyons has been battling to re-open the case, claiming that parts of the evidence given by Mr Gardner at the 2006 hearing were "deliberately false."
Judge Harris dismissed Mr Lyons' bid to restart the proceedings in May this year, but Mr Lyons was undeterred and challenged the decision at London's High Court.
However, Justice MacDuff refused Mr Lyons' permission to appeal and said that Mr Gardner was viewed as "a reliable, credible and attractive witness" by the county court judge.
He dismissed claims that Mr Gardner had been dishonest or deceitful in any of the evidence given at the 2006 hearing.
He said that although there may have been some verbal inaccuracies in parts of Mr Gardner's evidence three years ago, he said that there was no way that he had deliberately misled the court on any issue.

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