The defendant sought an extension of time to apply for leave to appeal. He had been ordered to remove a wall which the claimant said enclosed what was part of the highway, and which the defendant said he had acquired by adverse possession.
Held: It was arguable that a mandatory injunction should not have been granted and leave was given.
Citations:
[1998] EWCA Civ 1239
Jurisdiction:
England and Wales
Citing:
Cited – Norwich and Peterborough Building Society v Steed CA 1991
The four factors to be taken into account when considering an application to extend the time for leave to appeal are (1) the length of the delay; (2) the reasons for the delay; (3) the chances of the appeal succeeding if an extension of time is . .
Cited by:
Application for leave – London Borough of Bromley v Morritt CA 21-Jun-1999
The defendants appealed against orders relating to the construction of a sewage pipe through their garden under powers given under the Act. The defendant had later blocked the pipe and the authority sought to recover the costs of repair. He claimed . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation
Updated: 20 November 2022; Ref: scu.144718
