Lewis & Ors v Cottrill [2004] EWCA Civ 1245 (22 July 2004)

Lewis & Ors v Cottrill [2004] EWCA Civ 1245 (22 July 2004)

The trial judge's findings of fact regarding adverse possession and boundary location were not plainly wrong, and no grounds were shown for appellate interference. Exclusion of evidence and alleged procedural errors did not affect the outcome.

Citation
[2004] EWCA Civ 1245
Parties
Claimant/respondent: Mrs M Lewis; Claimant/respondent: Mr G R Green; Claimant/respondent: Mr C D Lewis; Defendant/applicant: Mr Phillip John Cottrill
Jurisdiction
England and Wales
Judgment Date
22 July 2004
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Civil Division, Post Trial
Outcome
Application for permission to appeal refused; extension of time refused; stay refused.
Legal Topics
Adverse Possession, Boundary Disputes, Appeals, Case Management
Property Law Civil Procedure Adverse Possession Boundary Disputes Appeals Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs M Lewis

Claimant/respondent

Mr G R Green

Claimant/respondent

Mr C D Lewis

Claimant/respondent

Mr Phillip John Cottrill

Defendant/applicant

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Civil Division, Post Trial

Legal Issues

  1. 1 Whether the trial judge erred in finding adverse possession by the respondents
  2. 2 Whether the trial judge erred in determining the boundary between the properties
  3. 3 Whether the trial judge improperly excluded evidence

Ratio Decidendi

The trial judge's findings of fact regarding adverse possession and boundary location were not plainly wrong, and no grounds were shown for appellate interference. Exclusion of evidence and alleged procedural errors did not affect the outcome.

Court Disposition

Application for permission to appeal refused; extension of time refused; stay refused.

Orders

  • Application for permission to appeal refused
  • Application for extension of time refused