Lewis & Ors v Cottrill

Lewis & Ors v Cottrill

The application for permission to appeal was refused because the grounds raised concerned findings of fact, which the appellate court will not disturb absent clear error, and no such error was shown. The applicant's inability to adduce certain evidence did not affect the outcome as it was irrelevant to the period in question. Case management complaints and issues regarding the applicant's disabilities did not amount to appealable errors.

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
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Adverse Possession, Boundary Disputes, Appeals, Case Management
Property Law Civil Procedure Adverse Possession Boundary Disputes Appeals Case Management

Case Brief

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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

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding adverse possession in favour of the respondents
  2. 2 Whether the applicant was prevented from adducing evidence at trial
  3. 3 Whether the judge's findings of fact were plainly wrong

Ratio Decidendi

The application for permission to appeal was refused because the grounds raised concerned findings of fact, which the appellate court will not disturb absent clear error, and no such error was shown. The applicant's inability to adduce certain evidence did not affect the outcome as it was irrelevant to the period in question. Case management complaints and issues regarding the applicant's disabilities did not amount to appealable errors.

Court Disposition

application for permission to appeal refused

Orders

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