Boundary Disputes and Senior Citizens

Mr. Justice Hellman of the Supreme Court of Bermuda has recently given judgment in a domestic boundary dispute, Ray v Simmons [2016] SC Bda 86 Civ.

The facts and legal principles involved in the case are unremarkable (save for a brief review of the legal principle of ‘abandonment’ of an easement).

Essentially, the case turned on a dispute of fact, on which the Defendant’s only evidence was his “say-so“.

The Judge appears to have had no hesitation in rejecting the Defendant’s evidence, not only because parts of it were “implausible or demonstrably incorrect“, but also because of the fact that the Defendant was a “Senior Citizen” – which appears to have resulted in him being “confused” and suffering from an inaccurate “recollection“.

In fairness to the Defendant, the Judge made it clear in his judgment that he was satisfied that the Defendant had not “deliberately misled the Court“.

But his inaccurate memory was his downfall.

 

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