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03 February 2017 / Thomas Braithwaite
Issue: 7732 / Categories: Features , Property
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Time & tide

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Some of the underpinnings of English property law should not be taken too literally, says Thomas Braithwaite

  • ​The law of prescription is predicated upon the notion that long use proves a grant. Loose v Lynn Shellfish is a vivid reminder of what happens if the existence of that grant is taken too literally.

Over the last 15 years, the law of prescription has repeatedly vexed the highest courts. The judgment of the Supreme Court in Loose v Lynn Shellfish [2016] UKSC 14, [2016] All ER (D) 75 (Apr) is the latest in a line of cases that includes Sunningwell, Beresford, Lewis, Barkas and Newhaven . Like its predecessors (which have tended to focus on the law of town and village greens), Loose concerned one of the dustier corners of property law.

Facts of the case

The facts can be briefly stated. Fishermen out of King’s Lynn were accused of trespassing on a several fishery leased to Mr Loose on the foreshore of the Wash. Generally, there is a public

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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