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27 May 2016 / Toby Boncey
Issue: 7700 / Categories: Features , Property
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Homeward bound

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At the boundaries of permissible & impermissible boundary determinations. Toby Boncey reports

In Murdoch v Amesbury [2016] UKUT 3 (TCC), His Honour Judge Dight, sitting in the Upper Tribunal, held that the First-tier Tribunal (FTT) had exceeded its jurisdiction by determining the line of a boundary. The FTT had already dismissed the applicants’ application for determination of the exact line of the boundary under s 60(3) of the Land Registration Act 2002 (LRA 2002) because the plan submitted was not within the required tolerance for a determined boundary plan (10mm). Having decided that the plan was inaccurate and the application to determine the boundary should be rejected, the FTT had no jurisdiction to go on to decide where the boundary did lie.

HHJ Dight noted that the FTT had no inherent jurisdiction, so the question was one of statutory construction. Section 60(3) itself merely provides for rules to be made, but HHJ Dight held that the section “properly construed, relates to the registration of plans which show the parcels, and boundaries, of the related registered titles…the purpose of s 60(3) is to prevent potential disputes between adjoining

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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