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16 February 2011 / Joanna Bhatia
Issue: 7453 / Categories: Features , LexisPSL
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Peak practice

Joanna Bhatia reports on lost modern grant, not a lost modern remedy

Practitioners may see the doctrine of lost modern grant as something for law students to puzzle over, but of little practical relevance. It is, however, a mistake to dismiss or overlook the doctrine, which can be a very practical remedy. The doctrine is a judge-made fiction which avoids the problems inherent in proving the acquisition of a right by common law or statutory prescription.

Common law prescription is based on a presumed grant made before 1189 (the start of legal memory). The Prescription Act 1832 was passed to avoid the problem of proving user since 1189. However, the claimant must show a period of uninterrupted use for the 20 years immediately preceding the claim. With lost modern grant, the claimant must also show 20 years use, but the period need not immediately precede the claim. It can have expired at an earlier time.

The doctrine of lost modern grant is useful in situations where: user since before 1189 cannot be proved; and the

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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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