Publications

Supreme Court decision in Attorney General for Northern Ireland’s Reference (Deprivation of Liberty)

Rebecca Handcock considers the Supreme Court's ruling in Attorney General for Northern Ireland’s Reference (Deprivation of Liberty) [2026] UKSC 16  - the most significant Court of Protection judgment in more than a decade. She sets out its implications for anyone acting in a protected party’s interests, or for a local authority responsible for arranging their care and residence.

Encroachment – adverse possession by long leaseholders

Max Thorowgood discusses a familiar scenario: a long leaseholder takes possession of some loft space, a balcony or a roof terrace. It is outside their demise. But it is only accessible from their demised premises. It seems ‘obvious’ that in such a case, provided the lessee remains in possession for sufficient time to bar the landlord from taking proceedings to eject them, that the lessee should acquire title to the ‘adversely possessed’ land. Needless to say, the position is not that straightforward.