Wednesday 30th June – Thursday 1st July 2021
The Claimants appeal the order of Falk J dated 4 September 2020 dismissing the claim and making consequential costs orders including a payment on account.
The case concerns a claim to mineral rights (including manorial mineral rights) in North Wales. The Claimants are the current Trustees of the Williams-Wynn 1987 Settlement and in that capacity are owners of a Welsh estate. The Claimants say they either own or have sole right to extract all minerals (the “Reserved Material”) in certain freehold or long leasehold properties (identified in the Amended Particulars of Claim) managed by the Defendant on behalf of the National Assembly for Wales. The Claimants sought a declaration of rights, damages for trespass and for breach of their property rights under the Human Rights Act 1998. They say the Defendant has been (inter alia) extracting Reserved Material without permission and disturbing the Reserved Material.
The Defendant put the Claimants to proof of title; say that mudstone and sandstone are not Reserved Material and argue prescription &/or adverse possession.