JA Pye (Oxford) Ltd V Graham
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JA Pye (Oxford) Ltd V Graham
''J A Pye (Oxford) Ltd and Others v Graham and another'' 002is an English land law judgment from the final court of appeal at the time, the House of Lords, on adverse possession. Facts The company claimant acted at all times through its director, Mr Pye. Pye allowed his neighbours the Grahams to use he owned, valued at £10,000,000, under a grazing agreement. The document expressly stated that the agreement would end on the 31 December 1983 and that to continue the arrangement a new contract would need to be entered into. Pye did not enter into another agreement because he wanted to develop the land but the Grahams continued to occupy the land. After 12 years the Grahams sought to obtain it under the law of adverse possession. Judgment High Court In the High Court Neuberger J ruled that under the Land Registration Act 1925 the Grahams were the lawful owners of the land as Pye had failed to take possession of this land. The case admitted in its final, unanimous, judgment that m ...
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Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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John Mummery
Sir John Frank Mummery, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dover Grammar School for Boys between 1949 and 1957 and then Pembroke College, Oxford. Legal career Mummery was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989). By the 1970s he was known as a copyright barrister, being consulted on matters such as Led Zeppelin's '' Black Mountain Side'' and its relation to Bert Jansch's version of ''Down by Blackwaterside.'' He also represented Apple Corps in efforts to stop the distribution of recordings of ''The Beatles in Hamburg''. He was appointed a recorder in 1989 before being appointed a High Court judge on 4 October the same year. He was assigned to the Chancery Division and received ...
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David Keene (judge)
Sir David Wolfe Keene, PC (born 15 April 1941) is a retired Lord Justice of Appeal. Career David Keene was called to the English Bar in 1964 by the Inner Temple. He was appointed Queen's Counsel in 1980, and appointed a Recorder in 1989. He practised mainly in public law cases and at planning inquiries. In his career as a barrister he obtained planning permission for a number of large developments, including London City Airport, and the second runway at Manchester Airport. He was chairman of the Planning Bar in 1994, in which year he was also appointed as a High Court judge and assigned to the Queen's Bench Division. In 2000, he was appointed to the Court of Appeal where he served until he retired in 2009. Sir David Keene was also a bencher and ultimately the Treasurer of the Inner Temple. He also served as Chairman of the Judicial Studies Board, and is an Honorary Fellow of Balliol College, Oxford. From 2003 to 2007 he was Chairman of the Judicial Studies Board, respon ...
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Martin Nourse
Sir Martin Charles Nourse (3 April 1932 – 28 November 2017) was a Lord Justice of Appeal of England and Wales, who served as Vice-President of the Civil Division of the Court of Appeal of England and Wales from 2003 until his retirement from the bench in 2006. One of his most notable cases related to multi millionaire Sir Charles Clore. He ruled in favour of the Inland Revenue, that Clore was domiciled in England for tax purposes, despite being resident in Monaco. Clore died on his last visit to England in 1979. Nourse's wife, Lady Lavinia Nourse (née Malim), was acquitted of 17 counts of historic child sex abuse in May 2021 and has subsequently called for law reforms to allow the accused, media anonymity unless or until they are charged. Education and military service Nourse attended Winchester College (1945–1950) and Corpus Christi College, Cambridge. He served as a second lieutenant in the Rifle Brigade from 1951 to 1952, and subsequently in the Territorial Army in th ...
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David Neuberger, Baron Neuberger Of Abbotsbury
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmi ...
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English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ...
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Adverse Possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous Possession (law), possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a Tenancy, tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented ...
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Land Registration Act 2002
The Land Registration Act 2002c 9 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. The Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry. Background The Land Registration Act 2002 was introduced in response to the Law Commission and HM Land Registry report, ''Land Registration for the Twenty-first Century'' (2001). The Act: *Simplified and modernised the law of land registration; *Made the register reflect a more accurate picture of a title to land, showing more fully the rights and subsidiary interests that affect it; and *Was intended to facilitate the introduction of e-conveyancing. The Act made some major changes to the law regulating registered land. Specifically, it: *Enabled shorter leases to be registered; *Further encouraged voluntary land registr ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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