Source: All England Reporter
Publisher Citation: [2008] All ER (D) 175 (Jun)
Neutral Citation: [2008] EWHC 1302 (Ch)
Court: Chancery Division
Judge:

Lewison J

Representation Frank Hinks QC and Thomas Braithwaite (instructed by Farrer & Co LLP) for the claimant.
  Stephanie Tozer (instructed by Darwin Gray) for the defendants.
Judgment Dates: 13 June 2008

Catchwords

Land - Interest in land - Rights in respect of land - Wreck de mer - Whether defendants had established rights over Crown land.

The Case

Pursuant to the Charter granted by Henry I in 1115, subsequent Charters, the Act of Union 1535 and the Laws in Wales Act 1542, any privileges that had belonged to the Bishops in their capacity as Lords Marcher or as tenants , which the defendants had claimed to succeed, had been abolished. The defendants, however, had established that the Lord of the Manor of the City and Suburbs of St David's had a franchise entitling him to a moiety of wreck, that had not been claimed in some supra-capacity as Lord Marcher, that had survived to be conveyed to them in June 2000. The defendants failed to establish any further rights over the foreshore or seabed that the Pembrokeshire County Council and the Pembrokeshire Coast National Park Authority had applied to register.

Practice Areas

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