Heaney v Kirkby

Heaney v Kirkby

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 evaluative assessments made by the tribunals were within their remit and show no error of law.

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
Outcome
applications for permission to appeal dismissed
Legal Topics
Adverse Possession, Admission of New Evidence, Appeals Procedure
Property Law Adverse Possession Admission of New Evidence Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Heaney

Appellant

Kirkby

Respondent

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal erred in dismissing the application to adduce additional evidence
  2. 2 Whether the Upper Tribunal and First-tier Tribunal correctly applied the law of adverse possession to the facts
  3. 3 Whether the second appeals test is 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 evaluative assessments made by the tribunals were within their remit and show no error of law.

Court Disposition

applications for permission to appeal dismissed