header-logo header-logo

19 May 2011 / Joseph Ollech
Issue: 7466 / Categories: Features , Property
printer mail-detail

Baxter: take three

Alteration v rectification. Joseph Ollech considers when a mistake really is a mistake

Common sense has prevailed once again in the case of Baxter v Mannion [2011] EWCA Civ 120, [2011] All ER (D) 235 (Feb). Mr Baxter has now lost three times in a row in his attempt to be registered as a freehold proprietor based on adverse possession—before the land adjudicator, the High Court, and on appeal to the Court of Appeal. The Court of Appeal gave permission to appeal because it raised an important question of principle—an example of those rarer types of appeal which are heard not so much because there is a serious prospect of success but because there is some other compelling reason why the appeal should be heard.

For those not already familiar with this case it was about freehold title to a field in Chatteris, Cambridgeshire. Baxter claimed that he had been in adverse possession of the field. If that was all there was to this case it would not be of any particular legal significance.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll