COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM WORCESTER COUNTY COURT
(HIS HONOUR JUDGE GEDDES)
Case Nos: 7WR00149 and 7WR00150
Strand, London, WC2A 2LL |
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B e f o r e :
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COLIN HALL |
Appellant |
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- and - |
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SHIRLEY MOORE and GERALD and CYNTHIA HARRIS |
Respondent |
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THE RESPONDENTS DID NOT APPEAR AND WERE NOT REPRESENTED
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Crown Copyright ©
Lord Justice Rimer:
"4. The benefit of all existing and future wayleaves, easements and rights affecting the Farm and all rents and moneys payable in respect thereof."
"The maxim, 'Omnia praesumuntur rite esse acta,' is an expression, in a short form, of a reasonable probability, and of the propriety in point of law of acting on such probability. The maxim expresses an inference which may reasonably be drawn when an intention to do some formal act is established; when the evidence is consistent with that intention having been carried into effect in a proper way; but when the actual observance of all due formalities can only be inferred as a matter of probability. The maxim is not wanted where such observance is proved, nor has it any place where such observance is disproved. The maxim only comes into operation where there is no proof one way or the other; but where it is more probable that what was intended to be done was done, as it ought to have been done to render it valid; rather than that it was done in some other manner which would defeat the intention proven to exist, and would render what is proved to have been done of no effect."
Order: Application granted