A3/2000/0232 CHANF
Neutral Citation Number: [2001] EWCA Civ 117               
IN THE COURT OF APPEAL 
(CIVIL DIVISION)
ON APPEAL FROM THE CHANCERY DIVISION
(Mr Justice Neuberger)
                            The Royal Courts of Justice
                            The Strand
                            London WC2A
 
                               Tuesday 6 February 2001
Before:

LORD JUSTICE MUMMERY
LORD JUSTICE KEENE
SIR MARTIN NOURSE
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Between:

J A PYE (OXFORD) LTD & ANR

Claimants/Appellants
and:

CAROLINE GRAHAM & ANR

Defendants/Respondents
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Computer Aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2HD
Tel:  020 7404 1400
Official Shorthandwriters to the Court
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MR J GAUNT QC (instructed by Darbys Mallam Lewis) appeared on behalf of the Appellants
MR K LEWISON QC (instructed by Burges Salmon) appeared on behalf of the Respondents
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JUDGMENT
Tuesday 6 February 2001
1.	LORD JUSTICE MUMMERY:  Mr Lewison has applied for permission to appeal to the House of Lords. He points out that the House of Lords has not considered the question of adverse possession before, and that this case involves an unprecedentedly large area of land. He refers to a number of elements in the case which, he says, would justify granting permission, in particular the special element of the grazing licence and consideration of proof of the mental element of intention to possess.
2.	In my judgment, however, this is not a fit case for permission to appeal to be granted by this court. It is a matter for their Lordships’ House. The court has applied the law settled in its previous decision of Buckinghamshire County Council v Moran [1990] Ch 623 to the special facts of this case.
3.	LORD JUSTICE KEENE:  I agree.
4.	SIR MARTIN NOURSE:  I agree.
ORDER: Application refused