Dad ‘bared teeth and growled’ when neighbour refused to give back ball

A dad has been sued after he ‘harassed’ a couple who refused to give his son’s ball back when it went into their garden. 

Chaim Adler spent a lot of time at his parents’ house in north London, where his son would play football in their garden. 

But it caused some conflict with the couple living next door, lawyer Warren Bergson and his psychologist wife Dr Edel McAndrew-Bergson.

The ‘mature’ couple said they felt intimidated by the noise of the ball regularly ‘smashing’ their fence – and eventually they retaliated by confiscating the ball in May 2018. 

A court heard that Mr Adler, 34, burst into their garden on Highfield Avenue, Golders Green, angry because his son had been reduced to tears.

He ranted at and threatened Mr Bergson, dancing around on one foot and using ‘aggressive body language,’ which caused him and his wife to fear an attack, it was claimed.

That included banging on the Bergsons’ door and pressing his face against their window while ‘baring his teeth and growling’ at them.

At Mayors and City Court, Judge Stephen Hellman KC found that, although Mr Bergson should not have confiscated the ball, Chaim Adler had overreacted and ‘harassed’ the couple.

The fire alarm company boss now faces having to pay damages to Dr Edel McAndrew-Bergson and a potentially large lawyers’ bill. Her husband Mr Bergson died since legal proceedings began and did not attend the trial.

The angry dad’s parents, Zavy, 72, and Esther Adler, 68, – who own the large property worth over £1 million next door to the Bergsons’ then flat – also face having to make payouts following the dispute.

Ruling, the judge said the court row had been an ‘unhappy case about a neighbours’ dispute that got out of hand’ after the Bergsons moved in next door to Mr Adler’s parents to a one-bedroom garden flat in 2017.

The first clash took place in August 2017 when water from a paddling pool spilled into the Bergsons’ garden.

In their evidence, the couple said Mr Bergson had remonstrated with the neighbours, but that Zavy Adler had flown into a rage, rushing at him and following him back to his garden.

Police were called and, although Mr Bergson and Zavy Adler had later shaken hands, the Bergsons claimed that the incident was the start of a ‘campaign of harassment.’

They complained about being subjected to the constant noise of building work, which also blocked the pathway to their flat, and regular noisy family get-togethers next door.

The couple said they had resorted to taking British Library memberships so they had somewhere peaceful to go.

Things came to a head over a long weekend in May 2018, with the Bergsons becoming exasperated at the noise of the football kicked against the fence.

Dr McAndrew-Bergson had grabbed it when it came into her garden and thrown it over another neighbour’s fence.

Mr Bergson then decided to confiscate it, taking it into his flat on another occasion over the same weekend.

They said the row over the football resulted in Chaim Adler becoming enraged and twice entering their garden, once with a ‘small army’ of Adler family members.

At one point, Esther Adler had also gone to see the Bergsons and told them they had no right to live next door and if they didn’t like noise, they should leave.

Their flat was owned by an extended Adler family member who had rented it to the Bergsons.

Chaim Adler denied doing anything wrong, saying that he was only a dad protecting his son.

Judge Hellman heard the case in March this year, but only delivered judgment last week, following a delay caused by the death of Mr Bergson, who had been unwell and did not attend the trial.

Giving judgment, the judge said trouble between the neighbours was always a risk as they were different people with different interests in life.

‘The Adlers enjoyed family gatherings at weekends and religious holidays – the Bergsons were a mature couple who enjoyed peace and quiet,’ he said.

Noisy activity in the Adlers’ garden on weekends was perfectly normal and not part of a ‘campaign of harassment,’ since it was a family home,’ he said.

And although the football might have been kicked loudly and often against the fence, there was no evidence that the Adlers had been told the Bergsons were irritated by it, he found.

However, he found that the claims against Chaim Adler following the incidents over the weekend in May 2018 were well-founded and that he had harassed them and trespassed on their property.

But, although Mr Bergson should have given the ball back when requested and Dr McAndrew-Bergson should not have thrown it over the other neighbour’s fence, his response was not justified, he continued.

The judge adjourned the case until a later date, when he will decide what Dr McAndrew-Bergson should get in damages from Mr and Mrs Adler for the interference and from their son for the harassment and trespass.

He will also then decide who will have to pay the lawyers’ bills for the case, which are likely to be substantial, having taken up three days in court, with another hearing still to come.

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