An arcane but important point resolved in this judgment. If Scmlla is rightly decided then when land vests in the Crown after disclaimer by TSol under Companies Act 2006, s1013, the freehold is destroyed and the land vests in the Crown ‘allodially’: ie, directly, as feudal lord, with no estate. Does this mean that easements enjoyed by the land are also destroyed? Answer: no.
Tim Morshead QC acted for the successful claimant in this trial of a preliminary issue in the High Court.