Ian Clarke QC represented the First Defendant, Network Rail, in Pall Mall 3 Ltd v Network Rail & Anor [2021] EWHC 1835 (Ch) (05 July 2021) instructed by Addleshaw Goddard. The judgment addressed the following question, ‘does dominant land with the benefit of an established easement of drainage lose the easement upon escheat occurring on disclaimer of the freehold title?’
In Chief ICC Judge Briggs’ Judgment it was found that it did not and that the easement of drainage endured escheat. The easement of drainage therefore stayed attached to the land.
The full Judgment can be found here.
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