The parties disputed a boundary between their properties. It followed a prolonged and expensive dispute over what was a small piece of land.
Held: Acknowledging the caution required before overturning a judge’s decision on the facts, there were here difficulties in the findings, and the decision could not be upheld. Appeal allowed
Citations:
[1997] EWCA Civ 2476
Jurisdiction:
England and Wales
Citing:
Cited – The Glannibanta CA 1876
‘Now we feel, as strongly as did the Lords of the Privy Council in the cases just referred to [The Julia 14 Moo P.C. 210 and The Alice L.R. 2 P.C. 245], the great weight that is due to the decision of a judge of first instance whenever, in a . .
Cited – Yuill v Yuill CA 1944
Appellate Court’s Caution in Reassessing Facts
The Court of Appeal was invited to reverse the decision of the judge at first instance to accept the evidence of the petitioner (no evidence having been called by the respondent).
Held: The court considered the caution needed when overturning . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 09 November 2022; Ref: scu.142874