Adverse Possession of Land

The decision of the House of Lords in J A Pye (Oxford) Ltd v. Graham [2002]3 W.L.R.221 has not only reaffirmed the importance of possession in the common law tradition as had been understood historically, but it has also explained that it is long sustained possession that is the root of a successful claim to adverse possession. It does not matter that the adverse possessor does not have an actual subjective belief that he is acting as the owner. Neither does it matter that the possessor is willing to pay for the occupation of the land, providing that there is possession which is inconsistent with the paper owner's title. This revised version was published online in August 2006 with corrections to the Cover Date.     

Analysis of some commonly found inhalants using gas chromatography-mass spectrometry (GC MS) – Effect of substrates on the identification of inhalants

Inhalant abuse is a serious and ever-evolving problem for our society. Inhalants are abused more commonly by teenagers and adolescents. Inhalants such as glue, paint thinners, correction fluid, and nail paint remover are easily available in the market which makes them readily abused. Out of various methods of abuse, huffing (placing a piece of cloth soaked with inhalant is placed in the mouth), bagging (placing head in a polythene bag containing inhalant), and ballooning (balloons filled with inhalant are used for inhaling vapors through the mouth) are most common. Inhalant abuse results in multiple target organ dysfunction with neuritis and brain damage due to the dissolution of the myelin sheath. In acute poisoning cases, it might cause death due to asphyxia and sudden sniffing syndrome. In such cases, various articles containing traces of inhalants could be retrieved from the scene of incidence and to detect these traces become an important facet of the investigation. However, it might be difficult due to the rapid evaporation of inhalants and the formation of reaction product species. In the present study, an attempt has been made to study the effect of three substrates (balloon, cloth, polythene) on component profiles of four paint thinners and four nail paint removers. The study suggests that although some components are retained, there is the formation of a large number of reaction product species and these must be taken into consideration before furnishing the opinion. These reaction product species might also be inhalant specific which must be further explored.     

Adverse Possession and Article 1 of the European Convention

In the post-human rights era the question has arisen on several occasions as to whether the automatic and arbitrary termination of the registered owner’s title through the common law and statutory principles governing adverse possession of land is contrary to the Article 1, Protocol 1 of the European Convention. The matter fell to be decided in J.A. Pye (Oxford) Ltd v United Kingdom ([2005] 3 EGLR 1) where the European Court of Human Rights held that the automatic termination of a registered owners title after 12 years possession was indeed a violation of Article 1, Protocol 1. More recently, the decision of the European Court has been overturned by the Grand Chamber of the European Court of Human Rights where the Grand Chamber has held that a squatters’ right to another persons land are not disproportionate (J. A. Pye (Oxford) Ltd and Another v United Kingdom, The Times, October 1st 2007). This short article examines the decision of the Grand Chamber.

Promoting work-related activities in a high secure setting: exploration of staff and patients’ views

Introduction: Adults diagnosed with mental disorders, in particular those who have a history of offending, have low employment rates. Here we explore staff and patients’ views on the importance of work and vocational activities offered at a high secure hospital. Method: Two hundred seventy-six patients and 106 staff were approached; 54.3% of the patients and 58% of staff completed the questionnaire. Results: Educational achievement in patients was low but nearly two-thirds of patients had been engaged in some form of work prior to admission. Staff and patients felt that vocational opportunities offered in the hospital should more closely resemble ‘real work’ and they broadly agreed on the areas of activities of potential benefit. Staff felt more strongly than patients that patients lose work-related skills during admission. Both groups recognised the importance of work for mental health and in preventing reoffending. Conclusion: Detention in such settings provides an opportunity for patients to maintain as well as expand on skills aiding their future reintegration into work settings.     

The Uncertainties in the Rule in <Emphasis Type="Italic">Re Hasting</Emphasis>-<Emphasis Type="Italic">Bass</Emphasis>

Writing extra-judicially, Sir Robert Walker once commented that ‘the decision in Re Hastings-Bass must be seen in its judicial context. It cannot be regarded as giving a “carte blanche” excuse to every body of trustees who have made a mistake. The law on the issue now stands in a state of some uncertainty’ (Walker, The limits of the principle in Re Hastings-Bass, P.C.B 226, 2002). There is no doubt in the minds of most commentators and, indeed those persons seeking to invoke the rule in Re Hastings-Bass on behalf of their clients, that much clarification is needed as to the proper scope of the rule. Recent judicial trends suggest that, not only is the rule in Hastings-Bass being applied at such an unprecedented rate with very little scrutiny from a court beyond that of the High Court, it is also showing signs of plaguing the wider fiduciary community. As the opportunity for the Court of Appeal, and indeed the Supreme Court, to exercise some judicial scrutiny of the rule may not be that far away, this article highlights some of the present uncertainties with the rule in Re Hastings-Bass.