Jones v Stones: CA 11 May 1999

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:

Bailii

Jurisdiction:

England and Wales

Citing:

per incuriamHabib 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 . .
CitedGafford 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