No defence of acquiescence or estoppel arose from a failure by a land owner to pursue a complaint. Such a defence could only be established by some positive act of encouragement or allowance by him. The heart of the action lay in the allowance of a belief to develop as to the rightness of the position.
Judges:
Aldous LJ
Citations:
Times 03-Jun-1999, Gazette 03-Jun-1999, [1999] EWCA Civ 1379, [1999] 1 WLR 1749
Links:
Jurisdiction:
England and Wales
Citing:
per incuriam – Habib Bank Ltd v Habib Bank AG Zurich CA 1981
A combination of defences based on delay was pleaded in a passing off action objecting to the use of a name which the defendants had been using without objection for many years. A permanent injunction was claimed.
Held: Oliver LJ said as to . .
Cited – Gafford v A H Graham and Grandco Securities Limited CA 8-Apr-1998
A land owner who was aware of his rights under a restrictive covenant, and who stood by whilst a riding school was erected in breach of the covenant, was not later to be allowed injunctive mandatory relief to enforce the covenant, by virtue of his . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation
Updated: 30 May 2022; Ref: scu.146294