Harrison v Dace [1998] EWCA Civ 1524 (13 October 1998)

Leave to appeal refused as the Recorder's findings on boundary, easement, right of way, and damages were based on careful assessment of facts and law, with no prospect of success on appeal.

Citation: [1998] EWCA Civ 1524
Parties: Plaintiff/respondent: Frank Melvyn Harrison; Defendant/applicant: Alan George Dace
Jurisdiction: England and Wales
Judgment Date: 13 October 1998
Procedural Posture: Civil Appeal / Application for Leave to Appeal
Outcome: Application for leave to appeal refused
Legal Topics: Boundary Disputes, Easements, Adverse Possession, Trespass, Damages, Right of Way

Property Law Civil Procedure Boundary Disputes Easements Adverse Possession Trespass Damages Right of Way

Case Brief

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Parties

Frank Melvyn Harrison

Plaintiff/respondent

Alan George Dace

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Leave to Appeal

Legal Issues

1 Whether leave to appeal should be granted in a boundary dispute
2 Whether the Recorder erred in findings regarding right of way over Back Lane
3 Whether the Recorder erred in finding an easement for an electricity cable

Ratio Decidendi

Leave to appeal refused as the Recorder's findings on boundary, easement, right of way, and damages were based on careful assessment of facts and law, with no prospect of success on appeal.

Court Disposition

Application for leave to appeal refused

Orders

Respondent's costs up to 9 October; thereafter no order
Legal aid taxation of both parties' costs