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HH Judge Hazel Marshall QC (sitting as a deputy Judge of the Division) ____________________
Mr Stephen Jourdan (instructed by Mills & Reeve) for the Claimant Mr John McGhee QC and Mr Timothy Harry (instructed by Birketts LLP ) for the Defendant Hearing dates: 3rd, 4th 5th, 6th and 28h November 2008 ____________________
Reference must then be made to Part I of Schedule 1 of the Act to determine when the relevant right of action accrued. The main material provisions are:
i) Were Alstons/Mr Alston in factual possession of the orange land for the relevant 12 year period?
ii) If so, did he/they also have the necessary "intention to possess" sufficient to render their possession capable of being "adverse possession" as recognised by the law for this purpose?
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Common Room
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