The claimant had erected a building on land at the rear of his own property in 1986. He sought to register his title. He complained now that he had been granted only possessory and not absolute title. The land had been unregistered, but had belonged to Railtrack, who would not give consent. Held: The claim … Continue reading Diep v Land Registry: Admn 3 Dec 2010
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
‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012
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
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
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 Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras … Continue reading Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007
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
The Court considered right of an applicant for the registration of a trade mark to change the class number specified by him on Form TM3 in respect of goods for which he had made an application for registration. The appeal turned on the true construction of the relevant provisions of the Trade Marks Act 1994 … Continue reading Reliance Water Controls Ltd v Altecnic Ltd: CA 12 Dec 2001
Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence. Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as private law. The rules governing appeals were therefore different from other regimes. The courts … Continue reading E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002
The disputed land, which had been unregistered until 2010 but was admittedly within the paper title which the Respondents first registered in 2010, comprised a steep bank down from a lawn to a field. It had been enclosed within the Applicant lawn owners’ land since 1980 at least. It was so enclosed by a scrappy … Continue reading Price, Price v Bartlett-Ward, Petrides, Saunders, Ward: FTTPC 2 Jul 2018
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002
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
ECJ Appeal – Admissibility – Community trade mark – Regulation (EC) No 40/94 – Absolute ground for refusal to register – Distinctive character – Marks consisting exclusively of descriptive signs or indications – ‘BABY-DRY’.The purpose of the prohibition of registration of purely descriptive signs as trade marks is to prevent registration as trade marks of … Continue reading Procter and Gamble Co v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (‘Baby-Dry’): ECJ 20 Sep 2001
Citations: [2018] UKFTT 329 (PC) Links: Bailii Jurisdiction: England and Wales Land Updated: 30 May 2022; Ref: scu.623698
(Trinidad) The donor purported to give real property (in part) by memorandum which was not registered. Under the law of Trinidad the transfer did not pass any estate or interest in the land. The donor delivered the instrument to his solicitor telling him to keep the document and not to register it. The document accordingly … Continue reading Macedo v Stroud: PC 1922
The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood. Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of another’s trade mark in comparitive advertising. In this case the advertisement, though … Continue reading British Airways Plc v Ryanair Limited: ChD 25 Oct 2000
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
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
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
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
The claimants owned land against which they said, the defendant had wrongfully registered notices. They sought removal of the notices, damages, and an injunction to prevent further notices being registered. The first defendant asserted an oral agreement for the purchase of the site. The claimant sought a strike out of the defence. Held: The balance … Continue reading Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007
Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013
LRA General boundaries – Filed Plan – Construction of pre-registration conveyance- Boundary agreement – Adverse possession – Land Registration Act 1925 section 75 – Land Registration Act 2002 Schedule 6 [2013] EWLandRA 2012 – 1130 Bailii Land Registration Act 1925 75, Land Registration Act 2002 England and Wales Registered Land Updated: 30 December 2021; Ref: … Continue reading Haigh and Another v Sturman (Boundary Dispute : Interpretation of Words of Conveyance): LRA 25 Nov 2013
LRA ISSUES – claimed adverse possession of unregistered land – claimed adverse possession under Schedule 6 of the Land Registration Act 2002 – effect of NAP Form – whether paragraph 5 conditions engaged – boundary agreement – estoppel [2012] EWLandRA 2011 – 0722 Bailii Registered Land Updated: 30 December 2021; Ref: scu.546239
LRA Adverse possession – Schedule 6 of the Land Registration Act 2002 – factual possession – intention to possess – tree planting – paragraph 5 conditions – estoppel – unconscionable conduct – reasonable belief in ownership [2012] EWLandRA 2011 – 1049 Bailii Land Registration Act 2002 Registered Land Updated: 30 December 2021; Ref: scu.546241
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
The defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014
LRA Easements and Profits A Prendre : Interruption – shooting rights – profit a prendre in gross – grant of leasehold interest of profit for 80 years- application on a first registration to register profit – substantive registration of overriding interest – whether discontinuous lease for less than 7 years – right to buy back … Continue reading Vision Engineering Ltd v Romilt Ltd: LRA 21 Feb 2014
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
The parties disputed the position of the boundary between their neighbouring properties. The appellant Z had succeeded in establishing that the the boundary was as they decribed on paper, but the respondents had succeeded in their claim for adverse posession. The appellants said that the occupation having been by consent, it could not be counted … Continue reading Zarb and Another v Parry and Another: CA 15 Nov 2011
LRA Beneficial Interests, Trusts and Restrictions : Restrictions Where No Beneficial Interest Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues … Continue reading The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009
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
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
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of the legal title in the property to him. Held: The beneficiary was … Continue reading Saunders v Vautier: 7 May 1841
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 Burtons had purchased the former Hall of the village of Ireby, and been registered as proprietors of the Lordhsip of the Manor. The villagers had successfully challenged the registration. The Court now considered the circumstances in which the corrective power may be exercised in the case of the mistaken registration under the 2002 Act … Continue reading Walker and Another v Burton and Another: CA 14 Oct 2013
The claimants, serving prisoners, sought damages saying that the refusal to allow them to vote was in infringement of their human rights. The large numbers of claims had been consolidated in London. The claimant sought to withdraw his claim. Held: The claims failed and were struck out: ‘there are no reasonable grounds in domestic law … Continue reading Tovey and Others v Ministry of Justice: QBD 18 Feb 2011
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid. Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when seeking to sever the valid from the invalid where part of subordinate legislation, the RAF Greenham Common … Continue reading Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith: HL 12 Jul 1990
The court was asked whether a Land Registry Adjudicator could refuse to accept a party’s withdrawal from the adjudication. The parties had disputed a right of way. The claimant wanted to add a claim under the 1925 Act, but after this was refused, he had sought to withdraw leaving open a right to pursue a … Continue reading Silkstone and Another v Tatnall: ChD 2 Jul 2010
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
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 Adverse possession – strip of land between the applicant’s registered title and the metalled highway – issues of factual possession and intention to possess – issue as to whether the disputed land was also . .
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 KEYWORDS: right of way for all purposes over part of bellmouth entrance way adjoining A2 – proprietary estoppel – Land Registration Act 2002, Sch 12, para 9) – Land Registration Rules 1925, r 258 – . .
The parties had long disputed the use of the trade marks ‘Bud’ and ‘Budweiser’ for their beers. The claimant now said that the defendants had made an abusive registration under the 1994 Act, by requesting a declaration that the registration by the . .
The court allowed an appeal against the decision of the Master of the Court of Protection refusing registration to an enduring power of attorney on the ground that the donor, although capable of understanding the nature of the power, was herself . .
An Act of Parliament authorised a company to construct a railway. Two other companies combined and contracted with the first to supply rolling stock. An injunction was brought to try to restrain this, saying that such a contract was not explicitly . .
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 . .
References: (1841) 4 Beav 115 affd Cr & Ph 240, [1841] EWHC Ch J27, [1841] EWHC Ch J82, (1841) Cr & Ph 240, [1841] EngR 629, (1841) 4 Beav 115, (1841) 49 ER 282 Links: Bailii, Bailii, Commonlii Coram: Lord Cottenham Ratio:A direction in a will stated that the income from certain shares was to … Continue reading Saunders v Vautier; 7 May 1841
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
