Konstantinidis v Townsend [2002] EWCA Civ 1473 (11 October 2002)

Konstantinidis v Townsend [2002] EWCA Civ 1473 (11 October 2002)

Permission to appeal is granted because it is arguable that the judge misapplied the burden of proof and relied on subjective impressions rather than proper interpretation of the conveyance and evidence.

Source-derived case information.

Citation
[2002] EWCA Civ 1473
Parties
Claimant/respondent: Raymond Konstantinidis; Defendant/applicant: Philip Gales Townsend
Jurisdiction
England and Wales
Judgment Date
11 October 2002
Procedural Posture
Civil Appeal / Permission to Appeal From County Court to Court of Appeal
Outcome
Permission to appeal allowed
Legal Topics
Boundary Disputes, Burden of Proof, Appeal Procedure
Property Law Civil Procedure Boundary Disputes Burden of Proof Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Raymond Konstantinidis

Claimant/respondent

Philip Gales Townsend

Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge misapplied the burden of proof in a boundary dispute
  2. 2 Whether the trial judge relied on subjective impressions rather than proper interpretation of conveyance and evidence

Ratio Decidendi

Permission to appeal is granted because it is arguable that the judge misapplied the burden of proof and relied on subjective impressions rather than proper interpretation of the conveyance and evidence.

Court Disposition

Permission to appeal allowed

Orders

  • Permission to appeal granted