McLean Estates Ltd v Earl of Aylesford & Ors, Court of Appeal - Chancery Division, March 12, 2009, [2009] EWHC 697 (Ch)

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McLean Estates Ltd v Earl of Aylesford & Ors, Court of Appeal - Chancery Division, March 12, 2009, [2009] EWHC 697 (Ch)

Neutral Citation Number: [2009] EWHC 697 (Ch)

Case No: 7BM30096

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

BIRMINGHAM DISTRICT REGISTRY

The Priory Courts

33 Bull Street

Birmingham

Date: Thursday, 12 March 2009

Before:

HIS HONOUR JUDGE PURLE QC

(sitting as a Judge of the High Court)

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B E T W E E N:

McLEAN ESTATES LIMITED

Claimant

and

THE EARL OF AYLESFORD

& OTHERS

Defendants

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MR MARTIN RODGER QC instructed by Aaron & Partners LLP appeared on behalf of the Claimant.

MR KEITH ROWLEY QC and MR MARK WEST instructed by Needham & James LLP appeared on behalf of the Defendants.

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JUDGMENT

JUDGE PURLE:

1. I have to determine preliminary points of construction of a conveyance dated 30th May 1922 (``the 1922 conveyance'') of land within the Knowle Basin, formerly known as Pasture Farm. The land consists of approximately one hundred acres. By the 1922 conveyance, the Claimant's predecessor acquired Pasture Farm from the Defendants' predecessors. The unusual feature of this case is ...

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