Moncrieff v Brugge & Anor [2001] EWCA Civ 555 (5 April 2001)

Moncrieff v Brugge & Anor [2001] EWCA Civ 555 (5 April 2001)

The application for permission to appeal is refused because the judge's findings were based on credibility and evidence available at trial, and there is no basis for the appellate court to interfere or admit fresh evidence.

Citation
[2001] EWCA Civ 555
Parties
Claimant/respondent: Margery Lila Moncrieff; Defendant/applicant: Nicolaas Brugge; Defendant/applicant: Mary Brugge
Jurisdiction
England and Wales
Judgment Date
05 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Boundary Disputes, Adverse Possession, Right of Way, Appeals Procedure, Credibility of Witnesses
Property Law Civil Procedure Boundary Disputes Adverse Possession Right of Way Appeals Procedure Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Margery Lila Moncrieff

Claimant/respondent

Nicolaas Brugge

Defendant/applicant

Mary Brugge

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in determining the boundary between Eye Manor and Eye Manor Cottage
  2. 2 Whether the trial judge erred in finding adverse possession of a triangle of land
  3. 3 Whether the trial judge erred in determining the extent of the right of way over the Manor drive

Ratio Decidendi

The application for permission to appeal is refused because the judge's findings were based on credibility and evidence available at trial, and there is no basis for the appellate court to interfere or admit fresh evidence.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused