Kingdom Hall Trust v Davies

September 2, 2026

Next month, Andrew Williams will be appearing in the Court of Appeal in what is likely to become an important case about the law of prescriptive easements based on the doctrine of Lost Modern Grant.

The case concerns a claim by Mr Davies that his property has the benefit of a right of way over a car park that the Kingdom Hall has held on charitable trusts since 1967.

At the First Tier Tribunal, Judge Ewan Paton held that Mr Davies had established 20 years’ user as of right from 1977 onwards. As a charity, the Kingdom Hall Trust had lacked legal capacity to grant the (fictional) grant during that period.  Nevertheless the judge found in favour of Mr Davies, holding that the law did not preclude a finding that the grant preceded the Kingdom Hall’s ownership of the car park from 1967 onwards:  i.e. even though the user did not commence until 1977.

Upon appeal, Judge Cadwallader sitting in the Upper Tribunal upheld that decision.

The Kingdom Hall then instructed Andrew Williams.  He will represent it at the Court of Appeal and will be leading James Andrews-Tipler of Falcon Chambers.

The case is likely to involve detailed consideration of fundamental matters relating to the doctrine of Lost Modern Grant.