Kevin Judge and Michael Waugh
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Neutral Citation | [2022] NICh 16 |
| Date | 27 October 2022 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No: [2022] NICh 16
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McB11952
ICOS No: 2016/33325
Delivered: 27/10/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
Between:
KEVIN JUDGE
Plaintiff
and
MICHAEL WAUGH
Defendant
___________
Mr Coyle BL (instructed by Donnelly Neary and Donnelly Solicitors) for the Plaintiff
Mr Brian W McCartney BL (instructed by Campbell and Haughey Solicitors) for the
Defendant
___________
McBRIDE J
Introduction
[1] The plaintiff and defendant are neighbours. The defendant owns a field
which adjoins the plaintiff’s dwelling house and garden. The plaintiff alleges that as
a result of the defendant’s negligence and/or nuisance excessive water has been
caused to seep from his field into the plaintiff’s property causing damage to the
garden, trees and hedge.
[2] The plaintiff is represented by Mr Coyle of counsel and the defendant is
represented by Mr Brian W McCartney of counsel. I am grateful to both counsel for
their helpful written and oral submissions.
[3] The court heard evidence from a number of expert witnesses together with
evidence from a number of lay witnesses both on behalf of the plaintiff and
defendant. Whilst there is much factual dispute in the evidence which I will address
later the following factual matters were not in dispute or, in some cases, were agreed
by the expert witnesses at a joint meeting:
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