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England and Wales Court of Appeal (Civil Division) Decisions


You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> J A Pye (Oxford) Ltd & Anor v Graham & Anor [2001] EWCA Civ 117 (6 February 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/117.html
Cite as: [2001] NPC 29, [2001] 18 EG 176, [2001] EWCA Civ 117, (2001) 82 P & CR 23, [2001] 7 EGCS 161, [2001] HRLR 27, [2001] Ch 804, [2001] 2 EGLR 69, [2001] 2 WLR 1293, [2002] 1 WLR 1150, (2001) 82 P & CR DG1

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Neutral Citation Number: [2001] EWCA Civ 117
A3/2000/0232 CHANF

IN THE COURT OF APPEAL
(CIVIL DIVISION)
ON APPEAL FROM THE CHANCERY DIVISION
(Mr Justice Neuberger)

The Royal Courts of Justice
The Strand
London WC2A

Tuesday 6 February 2001

B e f o r e :

LORD JUSTICE MUMMERY
LORD JUSTICE KEENE
SIR MARTIN NOURSE

____________________

Between:
J A PYE (OXFORD) LTD & ANR
Claimants/Appellants
and:
CAROLINE GRAHAM & ANR
Defendants/Respondents

____________________

MR J GAUNT QC (instructed by Darbys Mallam Lewis) appeared on behalf of the Appellants
MR K LEWISON QC (instructed by Burges Salmon) appeared on behalf of the Respondents

____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Tuesday 6 February 2001

  1. LORD JUSTICE MUMMERY: Mr Lewison has applied for permission to appeal to the House of Lords. He points out that the House of Lords has not considered the question of adverse possession before, and that this case involves an unprecedentedly large area of land. He refers to a number of elements in the case which, he says, would justify granting permission, in particular the special element of the grazing licence and consideration of proof of the mental element of intention to possess.
  2. In my judgment, however, this is not a fit case for permission to appeal to be granted by this court. It is a matter for their Lordships' House. The court has applied the law settled in its previous decision of Buckinghamshire County Council v Moran [1990] Ch 623 to the special facts of this case.
  3. LORD JUSTICE KEENE: I agree.
  4. SIR MARTIN NOURSE: I agree.
  5. ORDER: Application refused


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URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/117.html