Millionaire Hotel Construction Boss Victorious in Acrimonious Six-Year Neighbour Dispute
A millionaire hotel construction boss has claimed victory in a bitter six-year legal feud with an 80-year-old shepherdess neighbour over gates she erected to keep her sheep penned in. Peter Leonard, 42, and his wife Kelly, 46, sued Muriel Whiston after complaining the feature blocked Mrs Leonard from reversing her Land Rover out of the drive of their £900,000 farmhouse in Baschurch, Shropshire.
Allegations and Counterclaims in the Neighbourhood Conflict
The Leonards also alleged the Charolais sheep breeder was 'abusive and aggressive' to visitors and delivery drivers at the four-bedroom 33-acre property. They objected to a sign insisting the gates be kept shut 'at all times'. Ms Whiston denied interfering with the right of way and countersued, seeking an injunction to force her neighbours to keep a door leading to their barn shut. This was to prevent rescue animals they housed, including rabbits, from spilling out and mixing with her flock.
In September 2024, Judge Sarah Watson at Birmingham County Court ruled the shepherdess's sign was unreasonable but did not find her behaviour 'abusive' or that the gate should be removed. Ms Whiston was in turn refused an injunction to compel her neighbours to keep their barn door closed. Both sides appealed parts of the ruling at the High Court, prolonging the contentious dispute.
High Court Dismisses Appeals and Upholds Cost Order
Now, Mr Justice Michael Green has dismissed both parties' challenges and upheld a ruling that the elderly shepherdess must pay the legal costs of the case, which are likely to run into six figures. He stated: 'It is most regrettable that this matter could not be resolved out of court and that there has been so much time and money spent in relation to this dispute, quite out of proportion to the issues at stake.'
Mr Leonard, director of Dublin-based MM Capital, purchased the property in Baschurch for around £900,000 in 2017. The farmhouse was previously owned by Ms Whiston's family. Initially, the neighbours got on well until 2020, when the couple complained via text that Ms Whiston was keeping the gate shut after her sheep had moved into the fields.
Details of the Gate Dispute and Court Findings
It was claimed the Leonards could not reverse their £84,000 Land Rover Defender 130 out of the driveway and had to conduct a 'multi-point turning manoeuvre'. The same allegedly applied to delivery drivers who would 'dangerously reverse all the way down the track'. The court heard Ms Whiston considered plans for a less 'inconvenient' gate in a different spot but by August 2020 she 'just went ahead and put up a new gate'.
This gate was accompanied by a sign reading: 'Farm Livestock. Please keep gate shut at all times.' This action ignited the neighbour feud, and despite the installation being replaced with a new set of double gates in 2021 slightly further back along the track, the row escalated to court proceedings.
Ms Whiston maintained she was within her rights to 'politely' instruct delivery drivers and visitors that the gate should only be opened when necessary and needed to be shut afterwards. The 2024 judge ruled the gates could remain but the sign should be replaced with one stating: 'Please shut gate after use to prevent the escape of farm livestock.' Additionally, the shepherdess or her staff were prohibited from telling delivery drivers or visitors not to use the track beyond the gate.
Appeal Outcomes and Final Judgement
In the High Court, Ms Whiston appealed the finding there had been 'substantial interference' with the couple's right of way, noting she had been cleared of being 'abusive' to visitors. Dismissing her appeal, Mr Justice Green explained: 'The judge actually found in Ms Whiston's favour as to whether she was abusive or aggressive, but ended up concluding that she can "on her own admission be forthright and she does not mince her words".'
He also rejected her appeal over the Leonards' barn door being left open and refused the Leonards' cross-appeal bid for the shepherdess's gates to be left open at all times. The judge further denied Ms Whiston's appeal against the costs order, asserting the couple were 'clearly the winners in this case'. This ruling brings a costly and protracted legal battle to a close, highlighting the disproportionate resources expended on a local neighbourhood disagreement.
