Gibson & Anor v Davies & Anor [2002] EWCA Civ 1178 (16 July 2002)

Gibson & Anor v Davies & Anor [2002] EWCA Civ 1178 (16 July 2002)

No arguable legal error was identified in the trial judge's handling of the case, the assessment of evidence, or the conduct of the proceedings; thus, permission to appeal is refused.

Citation
[2002] EWCA Civ 1178
Parties
Claimant: Ernest Ronald Gibson; Claimant: Thelma Lillian Gibson; Defendant: Derrick Davies; Defendant: Rhian Davies
Jurisdiction
England and Wales
Judgment Date
16 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Right of Way, Prescription, Appeals, Judicial Discretion, Legal Representation
Property Law Civil Procedure Right of Way Prescription Appeals Judicial Discretion Legal Representation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ernest Ronald Gibson

Claimant

Thelma Lillian Gibson

Claimant

Derrick Davies

Defendant

Rhian Davies

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in dismissing the claimants' claim to a right of way and parking by prescription
  2. 2 Whether alleged incompetence of claimants' legal team or misconduct by defendants' counsel/solicitors justified permission to appeal
  3. 3 Whether the judge's refusal to conduct a site inspection or hear certain evidence constituted an error of law

Ratio Decidendi

No arguable legal error was identified in the trial judge's handling of the case, the assessment of evidence, or the conduct of the proceedings; thus, permission to appeal is refused.

Court Disposition

permission to appeal refused

Orders

  • application refused
  • no order for costs