Source: All England Reporter
Publisher Citation: [2002] All ER (D) 180 (Oct)
Neutral Citation: [2002] EWHC 2087 (Ch)
Court: Chancery Division
Judge:

Peter Smith J

Representation Colin Manning (instructed by Rochman Landau) for the claimants.
  Peter McGarrick of Morgan Cole for the defendant.
Judgment Dates: 14 October 2002

Catchwords

Personal property - Possessory title - Manuscript - Claim to ownership.

The Case

In a dispute as to the ownership of a manuscript, the court held that the defendant had possessed the manuscript under claim of ownership peacefully, publicly and uninterrupted for the purposes of art1940 of the Spanish Code. The burden of proof had been on the claimants to discharge bad faith and they had failed to do so. Accordingly, the defendant was the owner both in Spanish and Mexican law.

Practice Areas

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