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19 May 2011 / Joseph Ollech
Issue: 7466 / Categories: Features , Property
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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.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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