McGill v Stewart & Anor (land - rights of way - neighbours - private motor vehicles) [2020] EWHC 3387 (QB)

Dispute concerning shared right of access and limitations on vehicles that could use the right of way.  Relevant because of the Court's statement that there were solutions to this dispute "that are possible in  ADR  but I cannot impose them and it is a pity the parties have not reached a voluntary agreement" and the Court's comments on the suitability of ADR for such disputes: "I will conclude this judgment by noting that disputes of this sort may well be suitable for lower cost forms of online resolution possibly out of court, either now or in the near future involving decisions and discussion, (probably in a case such as this assisted by lawyers in resolving the construction aspects), alongside software to assist issue-identification and pre-trial steps to enable parties to do as much as they can for themselves. If that were to become the trend it would reduce the high stakes caused by legal expenses and perhaps aid relationships among neighbours. In the modernising legal system one hopes that such fallings-out will be less painful when resolved away from formal court settings. The courts themselves have limited resources, and whilst I appreciate that neighbour disputes are significant to the parties, it must be borne in mind that such disputes compete for time with cases such as those one sees daily in this court concerning brain damage and other life changing injuries, death and the very gravest of historic child abuse. Alternative dispute resolution for residential disputes is therefore desirable in terms of wider court resources especially in the High Court but I suspect also generally."