- Judge Steven Hellman said Chaim Adler was “humiliating and intimidating.”
A father who stormed into his neighbor's garden in a fit of rage after his son's soccer ball was confiscated faces a claim of around £20,000 in court.
Chaim Adler, 35, was furious after his eight-year-old son was left crying after his neighbor failed to return a ball he kicked over a fence in Golders Green, north London.
Enraged, he barged into their yard while “yelling” at neighbor Warren Bergson, then returned the next day and tried to force his way into their apartment while “aggressively” demanding the ball back.
Mr Bergson, a lawyer, and his wife Dr Edel McAndrew-Bergson, 58, a psychologist, then took legal action alleging trespass and harassment, with a judge awarding them £19,800 in damages.
In his ruling, Judge Stephen Hellman said Mr. Adler, 35, the president of a fire alarm company, was provoked by the Bergsons' actions in not returning the ball, but he went too far.
“Mr. Chaim Adler's actions were aggressive, humiliating and coercive,” he said in Mayor's and City-County Court. “This behavior is more than just upsetting.”
In a previous ruling, Judge Hellman said the courtroom altercation was an “unfortunate incident of a neighborly dispute that got out of hand” after the Bergsons moved in next door to Adler's parents in 2017. Stated.
Ms Adler's parents, Zaby, 73, and Esther Adler, 69, have lived in their Golders Green home for 40 years and raised their children there.
But problems arose after Dr McAndrew Bergson and her barrister husband (who died after the barrage trial) moved to London and rented a small one-bedroom garden apartment next door.
The first crash occurred in August 2017, when Dr. McAndrew Bergson was hanging out laundry when water suddenly started flooding into his garden from next door.
Her husband, an expert in motor vehicle law, went to investigate and quickly discovered that the flood was caused by water from the Adlers' grandchildren's wading pool.
That led to a conflict with the elder Mr. Adler, and the Bergsons claimed that was the beginning of their troubles with their neighbors.
They said soccer balls were repeatedly “collided” with the fence separating the gardens every weekend as a means of “intimidation” and that they had resorted to membership in the British Library to ensure they had somewhere to spend their time in peace. Stated.
The Bergsons said their troubles peaked during a long weekend in May 2018 when they had two run-ins with Chaim Adler, who was a frequent visitor to their home.
Adler's children's soccer ball was in the center of the row, and the Bergsons were annoyed by the constant sound of it being kicked against the fence.
Driven to the limit of his patience, Dr. McAndrew Bergson grabbed it as it entered his yard and threw it over another neighbor's fence.
Mr. Bergson then decided to confiscate it and took it to his apartment on another occasion that same weekend to find some peace.
According to them, as a result of an argument over football, Chaim Adler became enraged and twice led the Adler family's “small army” into the garden, but the Bergsons used them for “an evening's entertainment.” He claimed to have done so.
They claimed that on the first occasion he was “snarling” and taunting Mr Bergson, while on the second occasion he “aggressively” tried to force his way into the apartment while demanding the ball back.
Dr. McAndrew Bergson said they slammed the door on him, but Chaim Adler became enraged, banging on the door, pressing his face against the window and “baring his teeth and growling at them.” ” was raised.
In what the judge called “haunting” evidence, she said her husband was also surrounded by Chaim Adler over the weekend and taunted by yelling “Here I am” and repeatedly kicking his right leg in the air.
On the witness stand, Chaim Adler denied any wrongdoing and said he was just a father protecting his son, who cried as he yelled at him to give the ball back.
He said he went to the door of his apartment and had an “interaction” with Bergson, but Bergson closed the door and did not return the ball.
After the trial, Judge Hellman ruled in November 2022 that while the Adlers enjoyed family gatherings on weekends and religious holidays, the Bergsons were a “mature couple who enjoyed peace and quiet” and that family relationships were He said trouble is always dangerous.
He ruled that Chaim Adler harassed and trespassed against the Bergson family when “at least part of his body” entered them during an incident.
“He was angry that they made his 8-year-old son cry twice,” he said. “The depth of his anger came through very clearly as he was giving evidence.”
He said both incidents were provoked to some degree, one by “throwing the ball over the fence and another by holding onto the ball,” but that Adler's response went too far. Stated.
“I accept that he was angry because they made his son angry, but he hasn't shown me that his course of action was reasonable. And I don't think it was reasonable. I’m glad it wasn’t.”
After a trial and verdict in 2022, the case returned to court last week, with Judge Hellman ruling on the damages awarded to the Bergson family.
He ordered Ms Adler to pay compensation of £8,800 to Dr Bergson and a further £11,000 to her husband's estate following Dr Bergson's death after the first trial.
It also ordered Mr Adler's parents to pay compensation of £1,700, reflecting that the right of way leading to Mr and Mrs Bergson's flat was frequently blocked by building materials.
The case will return to court at a later date to determine who will pay the dispute's attorney fees.
