Halliwell v Noble

Halliwell v Noble

There was no basis to challenge the trial judge's findings of fact or approach to the evidence, nor any procedural unfairness in the conduct of the trial. The proposed appeal had no real prospect of success.

Source-derived case information.

Parties
Applicant: Annis Halliwell; Respondent: Rita Noble
Jurisdiction
England and Wales
Judgment Date
11 June 2003
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Boundary Disputes, Appeals, Costs
Property Law Boundary Disputes Appeals Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Annis Halliwell

Applicant

Rita Noble

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in determining the true boundary line between the parties' properties
  2. 2 Whether the trial was unfair due to failure to consider or give proper weight to the applicant's evidence
  3. 3 Whether the order for costs and dismissal of the Part 20 claim was justified

Ratio Decidendi

There was no basis to challenge the trial judge's findings of fact or approach to the evidence, nor any procedural unfairness in the conduct of the trial. The proposed appeal had no real prospect of success.

Court Disposition

application dismissed

Orders

  • Application for permission to appeal dismissed