|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 55|
|Court:||Court of Appeal, Civil Division|
Peter Gibson, Robert Walker and Tuckey LJJ
|Representation||Timothy Bowles and Robert Clay (instructed by Lovell White Durrant) for the plaintiff.|
|Robin Purchas QC and Guy Newey (instructed by Linklaters & Paine) for the defendant.|
|Judgment Dates:||22 January 1999|
Limitation of action - Land - Adverse possession - Acts amounting to possession - Unconscious trespasser - Defendant believing that it owned wall - Judge finding that plaintiff owned one side of wall, but that defendant had acquired adverse possession of plaintiff's side - Whether the judge had applied the right test in establishing the animus possidendi - Whether the test in a case involving unconscious trespasser was different from that in case of conscious trespasser.