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LORD JUSTICE MUMMERY LORD JUSTICE LLOYD and LORD JUSTICE LAWRENCE COLLINS ____________________
Stephen Bickford-Smith (instructed by Michael Conn Goldsobel) for the Appellant Andrew Francis (instructed by DLA Piper UK LLP) for the Respondents Hearing date: 21 February 2008 ____________________
The judge thus drew attention pertinently to the difference between acquisition by grant at the date of the disposition and acquisition by prescription based on actual enjoyment after that date.
He then applied that approach to the facts of the case and found paragraph (i) did constitute an agreement within section 3.
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