Heaney v Kirkby [2016] EWCA Civ 689 (18 May 2016)

Heaney v Kirkby [2016] EWCA Civ 689 (18 May 2016)

The application of settled principles of adverse possession to the facts by the tribunals below does not raise an important point of principle or practice, nor is there any compelling reason for the Court of Appeal to hear the case. The Upper Tribunal correctly applied the Ladd v Marshall test in refusing to admit new evidence, and there was no error of law or injustice in the outcome.

Citation
[2016] EWCA Civ 689
Parties
Appellant: Heaney; Respondent: Kirkby
Jurisdiction
England and Wales
Judgment Date
18 May 2016
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Appeal From Upper Tribunal Decisions
Outcome
Permission to appeal refused; applications dismissed.
Legal Topics
Adverse Possession, Admission of Evidence, Second Appeals Test
Property Law Civil Procedure Adverse Possession Admission of Evidence Second Appeals Test

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Heaney

Appellant

Kirkby

Respondent

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal From Upper Tribunal Decisions

Legal Issues

  1. 1 Whether the Upper Tribunal erred in refusing to admit additional evidence on appeal
  2. 2 Whether the Upper Tribunal and FTT correctly applied the law of adverse possession to the facts
  3. 3 Whether the second appeals test was satisfied for permission to appeal

Ratio Decidendi

The application of settled principles of adverse possession to the facts by the tribunals below does not raise an important point of principle or practice, nor is there any compelling reason for the Court of Appeal to hear the case. The Upper Tribunal correctly applied the Ladd v Marshall test in refusing to admit new evidence, and there was no error of law or injustice in the outcome.

Court Disposition

Permission to appeal refused; applications dismissed.