McNeil & Anor v Rowse [2001] EWCA Civ 1123 (5 July 2001)

McNeil & Anor v Rowse [2001] EWCA Civ 1123 (5 July 2001)

There was no arguable ground for appeal as the judge's findings were based on evidence, involved no error of law, and the procedural route was clear; the Court of Appeal will not interfere with findings of fact absent clear error.

Citation
[2001] EWCA Civ 1123
Parties
Claimant/applicant: Sarah Khan; Claimant/applicant: Fergus McNeil; Defendant/respondent: Margaret Rowse
Jurisdiction
England and Wales
Judgment Date
05 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Boundary Disputes, Appeals, Findings of Fact, Small Claims Procedure
Property Law Civil Procedure Boundary Disputes Appeals Findings of Fact Small Claims Procedure

Case Brief

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Parties

Sarah Khan

Claimant/applicant

Fergus McNeil

Claimant/applicant

Margaret Rowse

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge's findings of fact regarding the boundary were against the weight of evidence
  2. 2 Whether the trial was conducted unfairly
  3. 3 Whether the case should have been heard under the small claims procedure

Ratio Decidendi

There was no arguable ground for appeal as the judge's findings were based on evidence, involved no error of law, and the procedural route was clear; the Court of Appeal will not interfere with findings of fact absent clear error.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application dismissed