Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of the 1977 Act. She received housing benefit. She said she had been driven out … Continue reading Kerr v Stephens: CA 15 Feb 2006
The complainant requested to know how many travel warrants were drawn and used by a specific MP between the end of 2002 and the end of 2004. The House of Commons withheld the information on the basis that it was exempt under section 40(2) of the Act. The Commissioner found that the requested information is … Continue reading House of Commons (Decision Notice) FS50090141: ICO 7 Sep 2006
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The port challenged the proposed registration of part of the beach at Newhaven as a village green, saying that the result would be inconsistent with their performance of their statutory duties. Judges: Richards, McFarlane, Lewison LJJ Citations: [2013] EWCA Civ 276, [2013] 3 All ER 677, [2014] QB 186, [2013] 15 EG 105, [2013] 3 … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: CA 27 Mar 2013
The Parish Council appealed against refusal of leave to seek judicial review of a decision to reject an application for certain land to be registered as a common. Judges: Carnwath LJ Citations: [1997] EWCA Civ 2807, [2006] Ch 43 Statutes: Commons Registration Act 1965 13(b) Jurisdiction: England and Wales Citing: Appeal from – Regina v … Continue reading Regina v Oxfordshire County Council ex parte Sunningwell Parish Council: CA 24 Nov 1997
LRA Profit a prendre; right to exercise common of pasture; doctrine of Lost Modern Grant; Prescription Act 1832; Land Registration Act 2002, ss. 33, 34, 40, 65, sch 4, para. 5(b) or (c); Commons Registration Act 1965, ss 1, 13(b); Commons Act 2006; New Forest Claims Act 1854; New Forest Act 1877; Commons Registration (New … Continue reading Anthony Robert Cooper v Alan Charles Prince, Terence John Madden, Paul Nicholas Bakewell (Easements and Profits A Prendre): LRA 31 Aug 2011
The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site. Held: The requests were denied. The claims were not unarguable, and much remained to … Continue reading Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010
Customary rights over land were not defeated by failure to register as common. ‘As of right’ meant that the right must be exercised in the belief that it is a right enjoyed by the inhabitants of the village to the exclusion of all other people. ‘it is no trivial matter for a landowner to have … Continue reading Regina v Suffolk County Council Ex Parte Steed and Another: CA 2 Aug 1996
The claimants sought to have registered as a town or village green land in Whitby which had been provided as a playing field by the Local Authority since 1934. The inspector had found that the use had not been ‘as of right’ as required by the 2006 Act. The field, which he said: ‘has all … Continue reading Barkas, Regina (on The Application of) v North Yorkshire County Council and Scarborough Council: Admn 20 Dec 2011
Judges: The Hon Mr Justice Holgate Citations: [2022] EWHC 2593 (Admin) Links: Bailii Statutes: Commons Act 2006 Jurisdiction: England and Wales Land Updated: 22 October 2022; Ref: scu.681848
The court was asked: ‘Did the concept of ‘statutory incompatibility’ defeat an application for the registration of land as a town or village green under section 15 of the Commons Act 2006? ‘ At first instance, the judge had held that he could not properly interfere with the inspector’s conclusion. Held: The CA agreed with … Continue reading Lancashire County Council, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs and Another: CA 12 Apr 2018
The court was asked: ‘When local inhabitants indulge in lawful sports and pastimes on a recreation ground which has been provided for that purpose by a local authority in the exercise of its statutory powers, do they do so ‘by right’ or ‘as of right’?’ The appellant now appealed on an argument not put before … Continue reading Barkas v North Yorkshire County Council: CA 23 Oct 2012
(Trinidad and Tobago) Complaint was made as to a decision to begin professional discliplinary proceedings against a senior member of the judiciary. Held: Although a decision to prosecute was in principle susceptible to judicial review on the ground of interference with a prosecutor’s judgment, such relief would in practice be granted extremely rarely and that … Continue reading Sharma v Brown-Antoine, Deputy Director of Public Prosecutions and others: PC 30 Nov 2006
The applicant had demonstrated continuously against the war in Iraq from the pavement outside the House of Commons. The respondent sought an order for his removal under the law preventing demonstrations near Parliament without consent which was passed after the demonstrations began. He said that the demonstration was a continuing one, and the the Act … Continue reading Haw, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 8 May 2006
The court considered the appropriate directions to a jury in diminished responsibility defence to murder charge.Watkins LJ said: ‘In R v Lloyd . . directions as to the word ‘substantial’, to the effect that (1) the jury should approach the word in a broad commonsense way or (2) the word meant ‘more than some trivial … Continue reading Regina v Egan: CACD 1992
Judges: Lady Black, Lady Arden, Lord Sales, Lord Burrows, Lord Stephens Citations: [2021] UKSC 4 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: Commons Act 2006 Jurisdiction: England and Wales Land Updated: 25 July 2022; Ref: scu.658113
Application to challenge refusal to quash order declaring land as a town or village green. Judges: Sullivan J Citations: [2008] EWHC 1813 (Admin) Links: Bailii Statutes: Commons Act 2006 Jurisdiction: England and Wales Land Updated: 18 July 2022; Ref: scu.271230
The land owners had sought permission to fell an oak tree subject to a tree preservation order in order to prevent further damage from its roots. Held: The council’s appeal succeeded. The court was asked to decide whether any works to the tree could be said to be necessary if there were other possible works … Continue reading Perrin and Another v Northampton Borough Council and others: CA 19 Dec 2007
The Corporate Officer sought to appeal against orders for the disclosure of the travel expenses of a certain member of parliament. Citations: [2007] UKIT EA – 2006 – 0074 Links: Bailii Citing: See also – House of Commons v Information Commissioner and Norman Baker MP IT 16-Jan-2007 The corporate office of the House challenged orders … Continue reading House of Commons v Information Commissioner: IT 9 Aug 2007
The taxpayer operated a substantial loyalty reward scheme (Nectar) for assorted companies. The Revenue appealed against an order allowing the company to reclaim input VAT. The court was asked now: ‘what is the proper characteristic, for VAT purposes, of the payment made by LMUK to those other suppliers; is it a payment for a redemption … Continue reading Revenue and Customs v Loyalty Management UK Ltd: ChD 22 Jun 2006
Renewed application for permission to apply for judicial review following refusal on the papers rejecting the claimant’s application to register land in Wokingham as a new town or village green pursuant to section 15(3) of the Commons Act 2006. The interested party is the owner of the land. Citations: [2018] EWHC 2530 (Admin) Links: Bailii … Continue reading Forbes v Wokingham Borough Council: Admn 4 Oct 2018
A petrol station operated with an area to display and sell cars. Sales stopped in 1961 when the owner died. His son was thought too young and inexperienced son to be involved in car sales. Sales were resumed in 1965 when a new owner acquired the site. The court was asked whether that 1965 resumption … Continue reading Hartley v Minister of Housing and Local Government: CA 1970
Citations: [2012] EWHC B14 (Admin) Links: Bailii Statutes: Commons Act 2006 15(2) Jurisdiction: England and Wales Land Updated: 10 June 2022; Ref: scu.463778
Citations: [2018] EWHC 1704 (Admin) Links: Bailii Statutes: Commons Act 2006 Jurisdiction: England and Wales Land Updated: 09 June 2022; Ref: scu.625892
A claim was made for the review of a decision of the Council to amend the Register of Town and Village Greens (TVG). Held: The registration of the TVG was manifestly flawed and could not stand whether under section 14 or by way of judicial review. Available procedures did not enable precisely the same relief … Continue reading Cheltenham Builders Ltd , Regina (on the Application of) v South Gloucestershire District Council: Admn 10 Nov 2003
A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically of the hunting association so that they could now hunt over other land also subject to the same new access … Continue reading Chassagnou and Others v France: ECHR 29 Apr 1999
Claim for judicial review impugning the decision of the Development and Regulation Committee of Essex County Council, taken on February 22nd 2013, not to register an area of land in Walton on the Naze as a Town or Village Green Judges: John Howell QC Citations: [2014] EWHC 2560 (Admin) Links: Bailii Statutes: Commons Act 2006 … Continue reading Naylor v Essex County Council: Admn 28 Jul 2014
A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997
The period of twenty years required to establish a common under the Act was the period up to the date of the application. Judges: Dyson J Citations: [1996] EWHC Admin 385, (1996) 74 PandCR 1 Links: Bailii Statutes: Commons Registration Act 1965 Citing: Cited – New Windsor Corporation v Mellor CA 1975 The respondent had … Continue reading Regina v Norfolk County Council ex parte Perry: Admn 19 Dec 1996
The widow of the deceased sought damages after his exposure to asbestos whilst working for the defendant. He had contracted lung cancer. The defendant argued that the deceased had continued to smoke knowing of the risks, and that he had made a significant contribution to his getting lung cancer. Held: The damages should be reduced … Continue reading Badger v The Ministry of Defence: QBD 16 Dec 2005
The court considered that the time period of twenty years necessary to establish a right of common under the Act was the period ending with the date of the application. Held: The court rectified the register under section 14 so as to remove the registration of an area of land between a row of houses … Continue reading Ministry of Defence v Wiltshire County Council: 3 May 1995
The owner of a farm applied late for the registration of a right of common over the Dee Marsh Saltings which had been provisionally registered as common land. After an inquiry the Commons Commissioner, Hugh Francis QC, confirmed the registration of the land as common land. He took the view, after hearing the evidence as … Continue reading Central Electricity Generating Board v Clwyd County Council: 1976
Members of the public did not have the right to go on the foreshore for the purpose of bathing or getting access to the sea for bathing. Judges: Buckley J Citations: [1904] 2 Ch 313 Jurisdiction: England and Wales Citing: Cited – Blundell v Catterall 7-Nov-1821 The defendant used a beach ‘between the high-water mark … Continue reading Brinckman v Matley: 1904
Public use rights to navigate or (less commonly) to fish, where secured by statute or user, were not inconsistent with private ownership of the land beneath the water. Bowen LJ said: ‘that nothing worse can happen in a free country than to force people to be churlish about their rights for fear that their indulgence … Continue reading Blount v Layard: 1981
Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, five plots in Lancaster were owned by LCC who objected to an application … Continue reading Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
The company objected to the proposed registration by the defendant Council of a strip of beach land as a common. They said that it was not a ‘town or village green’ within the 2006 Act. Held: The court rejected all grounds of objection, save that registration was incompatible with NPP’s statutory powers and duties.One issue … Continue reading Newhaven Port and Properties Ltd v East Sussex County Council and Others: Admn 21 Mar 2012
Ouseley J he said that he would have arrived at a different conclusion from the Inspector as to the purpose for which the Authority had acquired the land at issue; but considered that that did not entitle him to interfere with the inspector’s evaluation of the evidence: ‘I can see no real reason not to … Continue reading Lancashire County Council v The Secretary of State for The Environment, Food and Rural Affairs and Another: Admn 27 May 2016
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
The respondent had obtained registration of land, Bachelors’ Acre, a grassed area of land in New Windsor, now used as a car park in the register of town and village greens under the Act as a customary green. It had been used for archery in mediaeval times and had later been leased for grazing subject … Continue reading New Windsor Corporation v Mellor: CA 1975
Judges: Gilbart J Citations: [2016] EWHC 1715 (Admin), [2016] 4 WLR 130, [2016] WLR(D) 397, [2016] 4 WLR 128 Links: Bailii, WLRD Statutes: Commons Act 2006, Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 Jurisdiction: England and Wales Land, Human Rights Updated: 15 May 2022; Ref: scu.567207
The court considered whether there had been an act by the landowner sufficient to amount to a dedication a path as a public right of way. Scott LJ said that actual dedication was ‘often a pure legal fiction [which] put on the affirmant of the public right an artificial onus which was often fatal to … Continue reading Jones v Bates: CA 1938
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999
The appellant trustees could not competently preclude themselves from exercising their powers under the Ayr Harbour Act in respect of certain land acquired by them for the purposes of that statute bearing in mind that their discretionary powers were such as to be capable of exercise whenever and as often as they considered it appropriate … Continue reading Ayr Harbour Trustees v Oswald: 1883
The defendant used a beach ‘between the high-water mark and the low-water mark of the River Mersey’ at Great Crosby in Lancashire for the purpose of providing bathing facilities (including bathing machines and carriages for members of the public who wished to swim in the sea). The plaintiff, the Lord of the Manor of Great … Continue reading Blundell v Catterall: 7 Nov 1821
A clergyman set up a pulpit and was holding services and delivering addresses on the seashore. Held: An injunction was refused. The court discouraged actions for trespass on public highways where the inteference was trivial. In this case, although he had no right to do what he was doing, it was harming nobody. Judges: Cozens-Hardy … Continue reading Llandudno Urban District Council v Woods: 1899
The fact that land had been requisitioned by the Ministry of Agriculture between 1941 and 1960 and the 20-odd years’ user relied on as having created the rights had preceded 1941 was a bar to a prescriptive claim to grazing rights under the Prescription Act 1832 but not at common law. Discussing Angus v Dalton, … Continue reading Tehidy Minerals Ltd v Norman: CA 1971
The grantee’s land was surrounded partly by land of the vendor, and partly by that of other parties, including a disused airfield owned by a third party. For some time following the grant they had been able to obtain access over the airfield by permission of the owner. There was an argument, rejected by the … Continue reading Barry v Hasseldine: 1952
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
Judicial review was sought of the Council’s decision to refuse to register a park as a Town or Village Green. Held: Carnwath J looked at the procedure to be followed by a council receiving an application for registration of commons right: ‘it is accepted that if the matter has to be reconsidered by the Council … Continue reading Regina v Suffolk County Council Ex Parte Steed and Steed: Admn 1995
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised by the appeal are, potentially at … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another: SC 25 Feb 2015
Judges: Earl Loreburn LC, Lord Dunedin Citations: 1915 SC (HL) 93 Jurisdiction: Scotland Cited by: Cited – Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another SC 25-Feb-2015 The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register … Continue reading McGregor v Crieff Co-operative Society Ltd: HL 1915
The House treated words as surplusage in a statute which contained criminal sanctions in order to avoid the substantial frustration of the object of the Act. Words in an Act are not to be rendered ‘insensible, absurd or ineffective to achieve its evident purpose.’Lord Bridge said: ‘It is a canon of construction that, if it … Continue reading McMonagle v Westminster City Council: HL 1989
Acts of grazing and fertilising by the owner which would have contravened the 1857 and 1876 Acts if the land had been a village green at the time, prevented the land from satisfying the section 22 definition. Judges: Judge Howarth Citations: Unreported, 18 June 2004 Statutes: Commons Registration Act 1965 Jurisdiction: England and Wales Cited … Continue reading Humphreys v Rochdale Metropolitan Borough Council: Admn 18 Jun 2004
The owner of Stonehenge had enclosed the monument by fencing for its protection. The Attorney-General wished to remove the fencing in order to keep the place open so that the public could visit it. Held: The court rejected a suggestion that there existed public rights of access to the ancient site of Stonehenge, despite the … Continue reading Attorney-General v Antrobus: ChD 1905
The only effect of non-registration of rights of common was to deprive the inhabitants of the benefit of the conclusive presumption furnished by section 10 of the Act and to require them to prove the existence of the rights in question. The land was not deemed to be a village green but did not exclude … Continue reading In re Turnworth Down Dorset: 1978
The court referred to the decision of Sedley J in Atkinson adding: ‘As consideration of common humanity, they had to be equally applicable to decisions in relation to enforcement actions.’ Judges: Latham J Citations: [1996] JPL 837 Jurisdiction: England and Wales Citing: Cited – Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden … Continue reading Regina v Kerrier District Council, ex parte Uzell Blythe and Sons: 1996
The doctrine of res ipsa loquitur should not be used where the judge has presented to him alternate versions of the facts and his job is to decide between them.Lord Radcliffe said that an event which in the ordinary course of things is more likely than not to have been caused by negligence is by … Continue reading Barkway v South Wales Transport: HL 1950
The Court of Appeal considered the circumstances in which it could depart from its own earlier decisions under the residual principle. The court refused to follow a previous decision of the same court because, although the relevant House of Lords decision had been cited, the later court held that the earlier court had misread or … Continue reading Rickards v Rickards: CA 1990
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours. Held: The company’s application amounted to a material variation of the license, and the council was not precluded from applying its policy. Judges: Beatson J Citations: [2006] EWHC 815 (Admin), Times … Continue reading JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council: Admn 11 Apr 2006
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995
Challenge to the decision of the defendant Commons Registration Authority, Essex County Council to refuse to register an area of land described in the application to register it as ‘Mill Lane Green and adjoining sea wall’, Mill Lane, Walton-on-the-Naze, Essex as a town or village green pursuant to section 15 of the Commons Act 2006 … Continue reading Naylor v Essex County Council: Admn 7 Mar 2014
Application for permission to apply for judicial review of commons registration decisions. Judges: Sir Ross Cranston Citations: [2017] EWHC 1753 (Admin), [2017] WLR(D) 469 Links: Bailii, WLRD Statutes: Commons Act 2006 Jurisdiction: England and Wales Land Updated: 27 March 2022; Ref: scu.590307
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The Property of Every Man is Sacred The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister. Held: The common law does not recognise interests of state as a justification for allowing what would otherwise be an unlawful search. Lord Camden CJ … Continue reading Entick v Carrington: KBD 1765
The claimant police officer complained of an article he said was defamatory in saying he was being investigated for allegations of accepting bribes. The article remained on the internet even after he was cleared. Each party appealed interim orders. Held: The claimant’s appeal succeeded. When investigating suspected misbehaviour by police officers, a journalist can go … Continue reading Flood v Times Newspapers Ltd: CA 13 Jul 2010
The court was asked whether an area of land forming part of the Port of Mistley in Essex should remain registered as a town or village green pursuant to the Commons Act 2006, or whether the TVG register should be rectified by the de-registration in whole or in part of the Land by the exercise … Continue reading TW Logistics Ltd v Essex County Council and Another: ChD 8 Feb 2017
Appeal against registration of land as town or village green Patterson DBE J [2016] EWHC 2677 (Admin) Bailii Commons Act 2006 15(2) England and Wales Land Updated: 24 January 2022; Ref: scu.570546
EAT Transfer of Undertakings: Service Provision Change The Appellant ran a ‘park-and-ride’ service under a contract with the local council by virtue of which it received a substantial subsidy. The Second Respondent, having grown impatient with a tendering process, decided to run a commercial service on the same route, using its own staff and buses, … Continue reading C T Plus (Yorkshire) CIC v Black and Others: EAT 3 Aug 2016
The plaintiff had a hotel. The rest of the island had been acquired by the defendant which was demolishing and rebuilding the other properties. The plaintiff complained, and the judge found, that by reason of the operations, which involved noise and dust, there was a substantial interference with the comfort of the plaintiff in the … Continue reading Andreae v Selfridge and Co Ltd: CA 1938
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Buckley J refused an injunction sought by the owner of land leading to the foreshore against fishermen who used the land to gain access to the foreshore, although he held that the fishermen had established no public right of way by long user. Buckley J said: ‘I cite again, as I did in Brinckman v … Continue reading Behrens v Richards: 1905
Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
ICO The complainant asked the House of Commons to provide him with details of the amounts spent by seven MPs on circulars and reports to their constituents for the financial years 2006/07 and 2007/08. The House of Commons refused to disclose the information citing section 22 (information intended for future publication) and argued that the … Continue reading House of Commons (Decision Notice): ICO 27 Jul 2009
ICO The complainant asked the House of Commons (HoC) to provide him with a variety of information about expense claims made by 12 specific MPs relating to both travel allowances and stationery allowances. The HoC provided the complainant with some information but argued that further information was exempt from disclosure on the basis of section … Continue reading House of Commons (Decision Notice): ICO 10 Jun 2009
The court faced ‘a jury question to be determined by applying ordinary common sense’. And ‘The question posed and to be answered by ordinary commonsense standards, is whether the particular premises are in the personal occupation of the tenant as the tenant’s ‘home”‘The word ‘home’ itself is not easy of exact definition, but the question … Continue reading Beck v Scholz: CA 1953
A farm’s only vehicular access was over land which was only useable occasionally when dry. The defendants laid a stone track to facilitate constant access. At first instance it was held that the earlier use had been too intermittent to allow a prescriptive right, and the use had been by consent. Held: The use was … Continue reading Mills and Another v Silver and others: CA 6 Jul 1990
Effect of correction of application to register a Town or Village Green on application date and time that may be given for such correction Arden, Richards, Vos LJJ [2014] EWCA Civ 634, [2014] WLR(D) 207, [2014] BLGR 706, [2014] 1 WLR 4555 Bailii, WLRD Commons Act 2006, Commons (Registration of Town or Village Greens) (Interim … Continue reading Church Commissioners for England, R v Hampshire County Council and Another: CA 14 May 2014
The claimants sought registration of land as a common, saying that it had been used by the local residents for social activities for many years. The council had licenced the land for use as a golf course for many years. Held: The residents’ appeal failed. In the context of planning applications ‘the test of apparent … Continue reading Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014
Lloyd, Lewison, Gloster LJJ [2013] EWCA Civ 673 Bailii The Newhaven Harbour and Ouse Lower Navigation Act 1847, Commons Act 2006, Newhaven Harbour Improvement Act 1878 England and Wales Citing: Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006 Application had been made to register as a town or village green … Continue reading Newhaven Port and Properties Ltd, Regina (on The Application of) v Secretary of State for The Environment Food and Rural Affairs: CA 14 Jun 2013
The plaintiff, Major Adam MP, falsely attacked General Scobell in a speech in the House of Commons, thus bringing his charge into the national arena. The Army Council investigated the charge, rejected it and directed their secretary, Sir E Ward, the defendant, to write a letter to General Scobell, which was released to the press, … Continue reading Adam v Ward: HL 1917
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941
Qualifying Characteristics ofr Easement Parties claimed a public right to wander through the grounds of the park. Held: No such right could have been granted or was properly claimed. Lord Evershed MR said: ‘There is no doubt, in our judgment, but that Attorney-General v. Antrobus was rightly decided; for no such right can be granted … Continue reading In re Ellenborough Park: CA 15 Nov 1955
The court considered whether the lease of part of Doncaster Common (not registered as such) fell within section 123(2A) of the 1972 Act. Held: For over a century the public had, as of right, used Doncaster Common for what could be conveniently termed recreation. Even if the public’s use depended upon a bare licence, the … Continue reading Regina v Doncaster Metropolitan Borough Council ex parte Braim: 1986
The claimants sought judicial review of the refusal by the defendants to register rights of common in certain lands under the 2006 Act. The defendants said that the rights asserted did not fall within the scope of transitional provisions in the 2006 Act. Held: The Authority’s decision was correct in law. The purpose of Schedule … Continue reading Littlejohns, Regina (on The Application of) v Devon County Council and Another: Admn 24 Mar 2015
First Division of the Court of Session – A claim was made that a railway company, which was a statutory undertaker, was obliged to maintain a railway bridge over which a public right of way. Held: There was insufficient evidence of public user for 40 years. Also, the public could not acquire a public right … Continue reading Magistrates of Edinburgh v North British Railway Co: SCS 1904
The Society, acting as a bank, had at first failed to pay its customer’s cheque for andpound;4,550, even though there were sufficient funds. The bank said that it had been reported lost. The customer sought damages to his business reputation. Held: The bank was in breach of contract and in principle liable for injury to … Continue reading Kpohraror v Woolwich Building Society: CA 1996
LRA EASEMENT – right of way – prescription – Wimbledon and Putney Commons Act 1871 ss. 8 and 35 – Prescription Act 1832, ss. 2 and 3 – true construction of the word ‘dispose’ – definition of ‘the commons’ – whether the Respondents are capable grantors – doctrine of Lost Modern Grant. [2006] EWLandRA 2005 … Continue reading Housden and Another Housden v Conservators of Wimbledon and Putney Commons (Easements): LRA 21 Aug 2006
The defendants had been members of the Houses of Commons and of Lords. They faced charges of dishonesty in respect of their expenses claims. They now appealed a finding that they were not subject to the exclusive jurisdiction of Parliament under parliamentary privilege, and could therefore be prosecuted iin the normal criminal courts. Held: The … Continue reading Chaytor and Others, Regina v: CACD 30 Jul 2010
The vessel had arrived late at Basrah in breach of the terms of the charterparty. The House was asked as to the measure of damages. The charterers had intended to sell the cargo of sugar promptly upon arrival, and now claimed for the fall in the market price of the sugar during the period of … Continue reading Czarnikow (C ) Ltd v Koufos; The Heron II: HL 17 Oct 1967
The ‘sea-beach or foreshore throughout the whole length of the borough of Hastings, including the locus in quo’ had been used ‘from time immemorial’ by the public ‘as a place of public resort’, subject only to the corporation’s statutory powers to regulate the use by byelaws. Held: The powers conferred upon locaal commissioners or local … Continue reading Mace v Philcox: 25 Jan 1864
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights claimed. Held: Rectification was ordered. The Green ought not to have been registered … Continue reading Paddico (267) Ltd v Kirklees Metropolitan Council and Others: ChD 23 Jun 2011
The acquisition of an easement by prescription did not require a presumption of grant but the incapacity of the owner of the servient tenement to grant excluded prescription. Palles CB [1900] 2 IR 325 England and Wales Cited by: Cited – Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County … Continue reading McEvoy v Great Northern Railway Co: 1900
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The court analysed the differences between Scottish and English land law with regard to rights acquired by prescription. Although in both countries a right of public way may be acquired by prescription, it was in England never practically necessary to rely on prescription to establish a public way. It was enough that there was evidence … Continue reading Mann v Brodie: HL 1885
