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Attach 6 NM SP Skeleton for 30.10.13

Attach 6 NM SP Skeleton for 30.10.13

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Published by Nigel Moore
Skeleton argument for specific performance of contract between British Waterways and Brentford Yacht and Boat company
Skeleton argument for specific performance of contract between British Waterways and Brentford Yacht and Boat company

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Published by: Nigel Moore on Nov 20, 2013
Copyright:Attribution Non-commercial

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01/11/2015

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CLAIM NO: HC13F03355 HIGH COURT OF JUSTICE CHANCERY DIVISION Between NIGEL MOORE Claimant v CANAL AND RIVER TRUST Defendant CLAIMANT’S SKELETON ARGUMENT
This skeleton argument is prepared for use at an application to strike out my claim for Specific Performance in the above claim, on various grounds, and/or for summary  judgment. 1. My submission is that it is inappropriate to deal with this at short notice and prior to full disclosure, but my understanding is that this hearing will be looking at broad principles only. 2. In order to understand the nature of the subject contract, it is necessary to relate how and why it came about. 3. Following certain social problems with bankside premises owing to the original gate and fencing having become derelict, I sought to protect them better with replacements, and helped Brentford Yacht & Boat Co [BYB] apply for first registration of what has become known in ensuing cases as the “Blue Land”. 4. An objection was raised by British Waterways [BW], who claimed that all the land belonged to them. By way of support for their claim, they produced a copy
 
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of a portion of their “Terrier Plan”, on which an area approximating to the “Blue Land” was marked by coloured hatching. 5. The “Blue Land” applied for can be identified from the two-colour area below, from the Land Registry produced plan - 6. On 28 October 2005 solicitors Wright Hassel wrote to the Chief Registrar at Swansea: “
Further to our letter dated 27 October 2005, we also enclose our client’s Terrier Plan, which indicates land owned by British Waterways Board. The land hatched blue is the land in question and this is further evidence within our client’s records that they own this land 
.” The pertinent part of that plan can be seen below at the same scale. There are differences relating to changing contours and because the modern bridge has replaced an earlier one demolished in the early sixties.
 
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7. On examining this closely, there appeared to me to be anomalies that raised questions as to the validity of this marking, and I said as much to the Registrar. Years later in 2011, as a result of disclosures in different litigation, I was sent a very poor copy of the whole of this Terrier Map, and despite the poor reproduction, it was nonetheless clear enough that no such hatching was on the original, and that the copy that had been produced for the Registrar had been a copy altered for the purpose. 8. Comparing the two versions side by side makes this obvious: Original –

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/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->