EV-0636 — Hong Kong Court of Appeal judgment, paragraphs 54–58, citing BP Properties Ltd v Buckler
Catalogue record
| EV ID | EV-0636 |
|---|---|
| Title | Hong Kong Court of Appeal judgment, paragraphs 54–58, citing BP Properties Ltd v Buckler |
| Date of document | Date not shown in the capture |
| Type | legal commentary |
| Source / publisher | Court of Appeal of the Hong Kong Special Administrative Region (Cheung JA, Yuen JA, Fung J) |
| Reference | Paragraphs 54–58; case name and neutral citation still to be identified |
| Evidence label | SECONDARY SOURCE (CITATION OF EV-0080) |
| Status | HELD (copy received 27 October 2026); transcript below |
Transcript
Judgment extract, Court of Appeal of the Hong Kong SAR (paragraphs 54–58). Case title and neutral citation not visible in the capture.
54. In BP Properties Ltd v. Buckler [1987] EWCA Civ 2 (Decision 31/7/1987), the English Court of Appeal held that a unilateral licence (i.e. one granted by the landowner to the occupier without the occupier expressly accepting it or rejecting it and without consideration) may stop the time from running.
55. I would refrain from expressing a view on these cases as the issue of implied licence in the context of limitation […] has not been fully analyzed or argued in this case. I would also refrain from deciding whether the consent by the plaintiffs to the grant of a STW constituted an implied licence to Mr. Chan to occupy the land.
Conclusion
56. Accordingly the appeal is dismissed with costs to the plaintiffs. The defendant's own costs are to be taxed in accordance with Legal Aid Regulations.
Hon Yuen JA: 57. I agree with the judgment of Cheung JA.
Hon Fung J: 58. I agree.
Transcription note: Screen capture of a published judgment. Transcribed in full. "STW" = short term waiver (Hong Kong land term). The Hong Kong case name and date are not in the capture and are still to be identified. One word in paragraph 55, marked […], is left out under this site's word list.
Destination
- Where the original is held: Original: the published Hong Kong judgment (case name to be identified). Our copy: a screen capture held by the family.
- On this site: this artifact page, listed in the Evidence Register, and cited from the judgment page EV-0080.
- Image: the copy held is not reproduced here; the transcript stands in for it (third-party copyright).
Interpretation
A Hong Kong appellate court records the English Court of Appeal decision of 31 July 1987 as holding that a unilateral licence may stop time running, and leaves the point undecided in its own case.
Related records
- Cites: EV-0080
Cited on
2 pages link here.