Alistdair Barclay Brown v Richard John Ridley & Anor
Decision date: 23 January 2024
Neutral citation: [2024] UKUT 14 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002 requires the ten-year reasonable‑belief period to be the ten years ending on the (deemed) application date or may be any ten‑year period within the period of adverse possession. The Upper Tribunal held that the Court of Appeal decision in Zarb v Parry is binding: the ten‑year period must end on the application date, allowed the appeal on that ground, dismissed the Ridleys' cross‑appeal, set aside the First‑tier Tribunal decision and directed cancellation of the Ridleys' application.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
The binding ratio is that a person relying on paragraph 5(4)(c) must demonstrate a reasonable belief that the land belonged to them for at least ten years ending on the (deemed) application date; where the Court of Appeal has expressly or implicitly treated a particular statutory construction as necessary to its conclusion, that construction forms part of the ratio and is binding on later tribunals.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judge below expressed practical and purposive reasons for reading paragraph 5(4)(c) as permitting any ten‑year period within the adverse‑possession period to avoid forcing an immediate application when belief changes; he also suggested Parliamentary materials and Law Commission commentary offer limited assistance. These points were discussed as persuasive policy considerations rather than binding law.