Adcock v Davis [2005] EWCA Civ 1638 (01 December 2005)

Adcock v Davis [2005] EWCA Civ 1638 (01 December 2005)

The trial judge was entitled to find, on the evidence, that the claimant's use of the land was with the paper owner's consent and not by adverse possession. There was no basis for the appellate court to interfere with the judge's findings of fact, and the application to admit further medical evidence was refused as untimely and unpersuasive.

Citation
[2005] EWCA Civ 1638
Parties
Claimant/applicant: Richard Adcock; Defendant/respondent: Wendy Joy Davis
Jurisdiction
England and Wales
Judgment Date
01 December 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Adverse Possession, Findings of Fact, Appeals Procedure
Property Law Civil Procedure Adverse Possession Findings of Fact Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Adcock

Claimant/applicant

Wendy Joy Davis

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant was entitled to be registered as proprietor of a strip of land by adverse possession
  2. 2 Whether the trial judge's findings of fact were plainly wrong
  3. 3 Whether further medical evidence regarding a witness's capacity should be admitted on appeal

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the claimant's use of the land was with the paper owner's consent and not by adverse possession. There was no basis for the appellate court to interfere with the judge's findings of fact, and the application to admit further medical evidence was refused as untimely and unpersuasive.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused