Buckinghamshire County Council v Moran

Subject Matter

EVIDENCE — Privilege — “Without prejudice” correspondence — Claim for possession of land — Defence of adverse possession — Letter asserting claim of adverse possession — No offer to negotiate — Letter marked “without prejudice” — Whether privileged

[1990] Ch 623; [1989] 3 WLR 152; [1989] 2 All ER 225; 88 LGR 145, CA

LIMITATION OF ACTION — Land, recovery of — Possessory title — Plot acquired for future use as public road — Use by adjoining owner as part of his garden — Whether sufficient acts of possession by adjoining owner to establish animus possidendi — Limitation Act 1980, ss 15, 17, Sch 1, paras 1, 8(1)(4)

[1990] Ch 623; [1989] 3 WLR 152; [1989] 2 All ER 225; 88 LGR 145, CA

Appellate History

Buckinghamshire County Council v Moran (1988) 86 LGR 472

Decision of Hoffmann J affirmed

Buckinghamshire County Council v Moran [1990] Ch 623; [1989] 3 WLR 152; [1989] 2 All ER 225; 88 LGR 145, CA

Commentary

Blackstones Civil Practice 2023
Without-Prejudice Communications 50.117

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