Bryant v Foot
| Jurisdiction | England & Wales |
| Date | 1865 |
| Year | 1865 |
| Court | Court of the Queen's Bench |
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20 cases
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Loose v Lynn Shellfish Ltd
...prescription period as being from "time immemorial". In due course, this came to mean from before 1189, as discussed by Cockburn CJ in Bryant v Foot (1867) LR 2 QB 161, 179–182, and as explained by Lord Hoffmann in Sunningwell at pp 349–350. Because of the impracticality of requiring evide......
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R (Godmanchester Town Council) v Environment Secretary; R (Drain) v Environment Secretary
...and the like ("a bad and mischievous law, and one which is discreditable to us as a civilized and enlightened people" said Cockburn CJ in Bryant v Foot (1867) LR 2 QB 161, 179) and looked enviously north of the border (see Lord Blackburn in Mann v Brodie (1885) 10 App Cas 378, 386.) The la......
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Bakewell Management Ltd v Brandwood and Others
...clam, nec precario: not by force, by stealth or with permission – he could have objected to at any time. 8 As Cockburn CJ explained in Bryant v Foot (1867) LR 2 QB 161, 180–181, it is to be presumed from a period of 20 years' user, and the lack of evidence inconsistent with there having be......
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R v Oxfordshire County Council, ex parte Sunningwell Parish Council
...grant. As Cockburn C.J. said in the course of an acerbic account of the history of the English law of prescription in Bryant v. Foot (1867) L.R. 2 Q.B. 161, 181: "Juries were first told that from user, during living memory, or even during 20 years, they might presume a lost grant or deed; ......
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1 books & journal articles
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The future of prescriptive easements in Australia and England.
...of the various stages in which juries were instructed to assume the existence of a lost deed of modern grant: see Bryant v Foot (1867) LR 2 QB 161, 181 (Cockburn C J); Dalton v Angus (1881) 6 App Cas 780, 812-13 (Lord Blackburn); Getzler, above n 21, (61) A-G (UK) v Simpson [1901] 2 Ch 671,......