IPO Trade Mark: Opposition – Section 3(6): – Opposition successful. – Section 5(2)(b): – Opposition successful – The evidence filed by the two parties established that the applicant and the opponents had previously had a trading arrangement. In the UK the opponents were represented by a Mr Zhou and he had been involved with the … Continue reading Walklander: IPO 8 Aug 2002
LRA KEYWORDS – Adverse possession claim – Schedule 6 to the Land Registration Act 2002 – effect of Sections 96 and 97 of the 2002 Act – acknowledgment of title – Section 29 of the Limitation Act 1980 – Without prejudice’ correspondence – whether privileged – alleged perjury Citations: [2008] EWLandRA 2008 – 0321 Links: … Continue reading Michael Walton v Kerguelen Investments Limited (Practice and Procedure): LRA 22 Dec 2008
The defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting right of appeal. The claimant sought to enforce the judgement here. … Continue reading Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002
Judges: Lady Justice Arden Lord Justice Longmore And Lord Justice Lewison Citations: [2012] EWCA Civ 736, [2012] 23 EG 97, [2013] 2 WLR 481, [2012] WLR(D) 170, [2013] Ch 305, [2012] 23 EG 9, [2013] 1 BCLC 484, [2012] 2 P andCR 10, [2012] 2 EGLR 141 Links: Bailii, WLRD Jurisdiction: England and Wales Cited … Continue reading Cherry Tree Investments Ltd v Landmain Ltd: CA 31 May 2012
The standard building contract allowed a contractor to take plant and equipment from a site and sell it in payment of sums due under the contract, upon the other contractor becoming insolvent. It was said that this power amounted to a charge over the company’s assets, and should have registered at Companies House. Upon entering … Continue reading Smith (Administrator of Cosslett (Contractors) Limited) v Bridgend County Borough Council; In re Cosslett (Contractors) Ltd: HL 8 Nov 2001
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003
LAND REGISTRATION – Land Registration Act 2002, section 108(2) – application to First-tier Tribunal to set aside a deed purporting to cancel restrictive covenants and to impose fresh covenants – applicant not a party to the deed – First-tier Tribunal held that applicant did not have standing to apply to set aside the deed – … Continue reading Flowers v The Chief Land Registrar and Thorpe Estates Limited: UTTC 30 Apr 2018
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
LRA The Applicant, now in administration, was in business in 2007 to 2008 buying residential properties from owners in occupation for full market value, payable as to 70 per cent on completion and as to the 30 per cent balance, subject to conditions, at the expiry of ten years. At the same time it entered … Continue reading U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013
Strips of land lay between the two hotels operated by the parties. Restrictive covenants had been entered into by the respondent’s predecessors in title. The claimant brought proceedings to enforce the restrictions on the use of the land. An earlier case had been compromised on condition that the covenants be entered on the registers. This … Continue reading Half Moon Bay Limited v Crown Eagle Hotels Limited: PC 20 May 2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its discretion whether to exercise its right to protect a citizen, the … Continue reading Regina (Abbasi) v Secretary of State for Foreign Affairs: CA 6 Nov 2002
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the necessary intention to possess exclusively of others. Held: The claim failed. A public right of … Continue reading Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009
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The claimants sought leave to appeal against rejection of their request made to the Deputy Adjudicator for the rectification of the title to land they claimed title to land which was registered to the respondent neighbour. Held: The claimant’s appeal succeeded, but the matter remitted to the adjudicator. Judges: Morgan J Citations: [2012] EWHC 1248 … Continue reading Paton and Another v Todd: ChD 11 May 2012
LAND REGISTRATION – BOUNDARY DISPUTES – application for a determined boundary, section 60 of the Land Registration Act 2002 – evidence – decision made on a basis not put to the parties – weight to be given to expert evidence Citations: [2022] UKUT 113 (LC) Links: Bailii Statutes: Land Registration Act 2002 60 Jurisdiction: England … Continue reading Cattermol v Jordan and Others: UTLC 27 Apr 2022
An appeal from a decision made in the Land Registration Division of the First-tier Tribunal on the Appellants’ application for a determined boundary under section 60 of the Land Registration Act 2002. Held: If the FTT regards the boundary sought as partly correct, it may direct the registrar to give effect to it to that … Continue reading Bean and Another v Katz and Another: UTTC 6 Apr 2016
No determined Boundary – Court Findings Enough Land Registration – Boundary Disputes – Construction of Conveyance – Straight Line Boundary – usefulness of computer-generated lines – party wall – fence postsHeld: ‘It should be borne in mind that a carefully-drawn conveyance plan showing a straight boundary may not depict a perfectly straight line on the … Continue reading Witt v Woodhead: UTLC 18 Nov 2020
Appeal from dismissal of claim for determination of boundary . .
References: [2016] UKUT 168 (TCC) Links: Bailii Ratio An appeal from a decision made in the Land Registration Division of the First-tier Tribunal on the Appellants’ application for a determined boundary under section 60 of the Land Registration Act 2002. Statutes: Land Registration Act 2002 60 Last Update: 24-Apr-16 Ref: 562434
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio of mortgages, had lost the right to possession. The assignments had been left uncompleted. Held: … Continue reading Paragon Finance Plc v Pender and Another: CA 27 Jun 2005
The claimant had for many years operated a mobile cafe from a layby on land owned by the respondents. He had claimed title to it by adverse possession. He appealed against rejection of the claim, the court having found that his occupation had not been continuous. Held: The evidence was clear and saitisfactory that he … Continue reading Devanney v London Borough of Hounslow: CA 13 Dec 2012
Lord Woolf MR said: ‘The question of whether a complaint about the conduct of a disciplinary committee gives rise to a remedy in public law or private law or is often difficult to determine. However the complaint in both cases would be based on an allegation of unfairness. While in some situations public and private … Continue reading Modahl v British Athletic Federation Limited: CA 28 Jul 1997
Landlord and Tenant – Appointment of Manager – manager appointed by FTT – no restriction entered on register of title – property acquired by nominee on behalf of tenants exercising right of collective enfranchisement – whether nominee taking free of management order – whether participating tenants in breach of management order – whether FTT should … Continue reading Urwick and Another v Pickard: UTLC 22 Nov 2019
ECHR Article 37-1 Striking out applications State’s unilateral declaration recognising violation of applicants’ rights and awarding compensation: struck out Facts – The applicants were two religious groups and six individuals. In 2002 the two applicant groups’ enrolment in the national register of associations was annulled as they could not be classified as a private-law entity … Continue reading Union of Jehovah’s Witnesses of Georgia and Others v Georgia (Dec): ECHR 21 Apr 2015
LRA Application pursuant to section 41(1) of the Land Registration Act 2002 to have a restriction disapplied. Consideration of terms upon which it would be appropriate for it to be disapplied in all the circumstances. Citations: [2008] EWLandRA 2007 – 0880 Links: Bailii Statutes: Land Registration Act 2002 41(1) Registered Land Updated: 02 September 2022; … Continue reading David Alexander Rogers, Lucy Alexandra Rogers v Penelope Jane Margaret Thompson (Other): LRA 8 Sep 2008
Chubb sought to prevent the registration of a mark by the claimant arguing that its use would amount to passing off as against its own marks. Held: There was insufficient evidence for the hearing officer to have found that Chubb had maintained a sufficient residual reputation in goods bearing the mark to complain as to … Continue reading Minimax Gmbh and Co Kg v Chubb Fire Ltd: PatC 29 Jul 2008
The parties disputed on preliminary issues the ownership of the rights in the trade mark ‘World Cup Willie’. The claimant had set out to register the mark, and the defendant gave notice of its intention to oppose. The claimant now alleged threat and unlawful interference in contractual relations. The defendant alleged copyright infringement in the … Continue reading Jules Rimet Cup Ltd v The Football Association Ltd.: ChD 18 Oct 2007
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The parties disputed the boundary between their neighbouring plots of land. Held: In the modern law the conveyance (parchment or not) is undoubtedly the starting point. Where information contained in the conveyance is unclear or ambiguous, it is permissible to have regard to extrinsic evidence, including, possibly, evidence of subsequent conduct, subject always to that … Continue reading Ali v Lane and Another: CA 21 Nov 2006
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance. Held: The judge had reiterated but not relied upon the statement as to the subjective views of the parties as to the position of the boundary. The plans did not show the … Continue reading Pennock and Another v Hodgson: CA 27 Jul 2010
Application for a determined boundary under section 60 of the Land Registration Act 2002. Citations: [2016] EWLandRA 2012 – 0599 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 17 June 2022; Ref: scu.562124
The appellant had broken into an empty council owned flat, and subsequently occupied it. After twelve years the authority obtained a court order for possession. The court had held that the appellant had not had a sufficient animus possidendi since he had not at any time expected to live there for as more than a … Continue reading London Borough of Lambeth v Blackburn: CA 14 Jun 2001
The court set out tests of bad faith for applications for the registration of trade marks: ‘I shall not attempt to define bad faith in this context. Plainly it includes dishonesty and, as I would hold, includes also some dealings which fall short of the standards of acceptable commercial behaviour observed by reasonable and experienced … Continue reading Gromax Plasticulture Ltd v Don and Low Nonwovens Ltd: PatC 12 Jun 1998
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
The Plaintiff, a widow, in the year 1880, caused pounds 6000 Consols to be transferred into the joint names of herself and the Defendant, who was her godson. She did so with the express intention that the Defendant, in the event of his surviving her, should have the Consols for his own benefit, but that … Continue reading Standing v Bowring: CA 18 Dec 1885
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
The court heard a claim for rectification of the register obtained by fraudulent documentation. Judges: Miss Joanna Smith QC Citations: [2018] EWHC 395 (Ch), [2018] WLR(D) 172, Links: Bailii, WLRD Statutes: Land Registration Act 2002 Jurisdiction: England and Wales Contract, Registered Land Updated: 07 April 2022; Ref: scu.608318
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence. … Continue reading Zalewska v Department for Social Development: HL 12 Nov 2008
Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of certain domestic regulations applying to Latvian nationals working in the UK. Held: The appeal … Continue reading The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017
Adverse Possession : Applications Under Schedule 6 To The Land Registration Act 2002 Citations: [2017] EWLandRA 2016 – 1053 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 05 April 2022; Ref: scu.605827
Adverse Possession : Applications Under Schedule 6 To The Land Registration Act 2002 Citations: [2017] EWLandRA 2016 – 0292 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 05 April 2022; Ref: scu.605819
Power to disclose information which may lead to the identification of the registered keeper of a registered motor vehicle on the register maintained by the Driver and Vehicle Licensing Agency (DVLA) under the provisions of the Vehicle Excise and Registration Act 1994. The Regulation lists a number of persons to whom such disclosures may be … Continue reading Duff, Regina (on The Application of) v The College of The Holy and Undivided Trinity Within The Town and University of Cambridge of King Henry VIII’s Foundation and Others: Admn 12 Jun 2015
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
UTLC RESTRICTIVE COVENANT – JURISDICTION – leasehold covenants – registered lease – whether deed of variation caused a surrender and re-grant – less than 25 years since variation – s.84(12), Law of Property Act 1925 – s.58, Land Registration Act 2002 – covenant ‘to use and occupy . . solely and exclusively as a self-contained … Continue reading Stevens v Ismail: UTLC 4 Feb 2016
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
The respondent had been detained in a secure mental unit for a year. In that time her home was charged to the appellant. She asserted that she had been a person in actual occupation. The chargee now appealed against a finding that the respondent had been such a person. She had been taken advantage of … Continue reading Link Lending Ltd v Bustard: CA 23 Apr 2010
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is directed rather at ascertaining whether, in particular individual circumstances, it would be unconscionable for a party to … Continue reading Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd: ChD 1981
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to possession has priority over, or is subject to, any entitlement of the vendor to continue … Continue reading Cook v The Mortgage Business Plc: CA 24 Jan 2012
FTT’s jurisdiction to locate boundary Land Registration – Location of Boundary- Land registration – Land Registration Act 2002, section 60 – Land Registration Rules 2003, rules 118 – 120 – application to First-tier Tribunal for determination of exact line of boundary – First-tier Tribunal holding that application plan inaccurate and directing Chief Land Registrar to … Continue reading Lowe and Another v William Davis Ltd: UTTC 26 Jun 2018
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an article which was said falsely to associate the claimants with terrorist activity. Held: … Continue reading Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
LRA Costs : Parties Without Representation – Litigants in person – entitlement to costs and expenses; Litigants in Person (Costs and Expenses) Act 1975, s 1(1), (2); Civil Procedure Rules: CPR 2.3(3), 48.6(1) – . .
LRA Charges and Charging Orders : Other – Application to register transfer – transfer by local authority – section 55 of land registration act 2002- charge not registered . .
LRA Whether deceased had over-riding interest under paragraph 2 of Schedule 3 to the Land Registration Act 2002 – deceased in occupation – right to seek rectification is over-riding interest – no inquiries made . .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
A flat was sold, but before the purchasers registered the transfer, the seller was sequestrated, and his trustee registered his own interest as trustee. The buyer complained that the trustee was unjustly enriched.
Held: The Act defined the . .
