England and Wales Court of Appeal (Civil Division) Decisions

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

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.
ORDER: Application refused