Boundary dispute — Evidence — Conveyances — Resolution of dispute by reference to series of conveyances — Whether permissible to interpret conveyance by reference to extrinsic evidence — Relevance of related conveyances and features on ground
Former Tory MP and spy writer Rupert Allason is in the High Court fighting his ex-wife for possession of his country house in Aldworth, Berkshire.
Allason, who writes under the pseudonym Nigel West, is appealing an order for possession of the house, known as Croftdown, that was granted in favour of Polarpark Enterprises, in July 2006.
Polarpark, a Panamanian company, holds the house on trust for the benefit of Allason’s ex-wife Nicole and their two children.
Allason is alleging that by an oral agreement with a trust officer made at the time of the purchase of Croftdown in 1980, he has the right to occupy the house for as long as he wishes.
In July, Master Moncaster found that Allason had no real prospect of successfully defending the possession claim at a full trial.
He said that the evidence upon which Allason’s claim was based was “incredible” and that in view of Allason’s dishonesty in previous proceedings in Bermuda and England, he was not a witness who could be relied upon.
In the High Court Briggs J said that he would give judgment at a later date.
Allason and his ex-wife Nicole divorced in 1997 after 17 years of marriage.
Allason v Polarpark Enterprises Inc Chancery Division (Briggs J) 12 January 2006.
Romie Tager QC (instructed by RA Rosen & Co) appeared for the appellant; Timothy Fancourt QC (instructed by Eversheds) appeared for the respondent.
References: EGi Legal News 15/01/07
