Court of Appeal gives judgment in Christos Sava v. SS Global Ltd
On 25th November the Court of Appeal dismissed the appeal in Christos Sava v. SS Global Ltd [2008] EWCA Civ 1308 against the decision of the High Court reversing the decision of a deputy adjudicator of HM Land Registry. The issue was whether the Claimant had dispossessed the owner of 28 acres of farmland in October 1991 in circumstances where members of the owner’s family had continued to gain access to the land through a garden gate for picnics, partying and quad biking. The Claimant’s failure to secure the garden gate proved fatal to his claim. Rimer LJ coined a new expression to describe the moment when a squatter claims to have dispossessed the owner – “the peccavi moment”. Jonathan Gaunt QC and Gary Cowen represented the Respondents to the Appeal.
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