Adcock v Davis

The trial judge was entitled to find that the possession was with the paper owner's consent, not adverse possession, and his findings of fact would not be disturbed as he was not plainly wrong.

Parties: Applicant: Richard Adcock; Respondent: Wendy Joy Davis
Jurisdiction: England and Wales
Judgment Date: 01 December 2005
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: Application refused
Legal Topics: Adverse Possession, Findings of Fact, Appeal Procedure

Property Law Adverse Possession Findings of Fact Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Adcock

Applicant

Wendy Joy Davis

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the applicant is entitled to be registered as proprietor of a strip of land under adverse possession
2 Whether the trial judge's findings of fact were plainly wrong
3 Whether further medical evidence regarding a deceased witness should be admitted on appeal

Ratio Decidendi

The trial judge was entitled to find that the possession was with the paper owner's consent, not adverse possession, and his findings of fact would not be disturbed as he was not plainly wrong.

Court Disposition

Application refused

Orders

Application for permission to appeal refused