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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 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

McGregor v Crieff Co-operative Society Ltd: HL 1915

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

JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council: Admn 11 Apr 2006

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

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

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

Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009

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

In re Ellenborough Park: CA 15 Nov 1955

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

Littlejohns, Regina (on The Application of) v Devon County Council and Another: Admn 24 Mar 2015

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

Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006

The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an article which was said falsely to associate the claimants with terrorist activity. Held: … Continue reading Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006

Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008

The claimants sought to register a right of way over the common by virtue of use over forty years. The defendants denied that they were able to grant an easement inder the 1871 Act, and that therefore no claim could be laid under prescription. Held: Though the 1871 Act contained a wide provision against alienation, … Continue reading Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008

Kerr v Stephens: CA 15 Feb 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 . .

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Forbes v Wokingham Borough Council: Admn 4 Oct 2018

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

Naylor v Essex County Council: Admn 28 Jul 2014

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

Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014

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

Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

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

Lewis, Regina (on the Application of) v Redcar and Cleveland Borough Council: Admn 20 Dec 2007

The claimant sought registration of an open area as a Commons under the 2006 Act. Until 2002 it had been tenanted by a golf club. The inspector had recommended against registration, saying that the use by the public for lawful pastimes had been for more than twenty years, but that this use had been generally … Continue reading Lewis, Regina (on the Application of) v Redcar and Cleveland Borough Council: Admn 20 Dec 2007

Naylor v Essex County Council: Admn 7 Mar 2014

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

Chassagnou and Others v France: ECHR 29 Apr 1999

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

Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

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

Central Electricity Generating Board v Clwyd County Council: 1976

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

Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019

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

Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

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

Newhaven Port and Properties Ltd v East Sussex County Council and Others: Admn 21 Mar 2012

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

Lancashire County Council v The Secretary of State for The Environment, Food and Rural Affairs and Another: Admn 27 May 2016

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

Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2005

The court was asked as to the power to amend an application for registration of land as a village green, in the absence of any specific provision in the regulations permitting amendment. Guidance was sought for practitioners. Held: The 1965 Act ‘created no new legal status, and no new rights or liabilities other than those … Continue reading Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2005

NHS Property Services Ltd, Regina (on The Application of) v Surrey County Council and Another: Admn 13 Jul 2016

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

Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999

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

Ayr Harbour Trustees v Oswald: 1883

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

Llandudno Urban District Council v Woods: 1899

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

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

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

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

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

Entick v Carrington: KBD 1765

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

Flood v Times Newspapers Ltd: CA 13 Jul 2010

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

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

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

Jackson and others v Attorney General: HL 13 Oct 2005

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

Beck v Scholz: CA 1953

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

Mills and Another v Silver and others: CA 6 Jul 1990

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

Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

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

Meldale Ltd v Ludgershall Parish Council: LRA 27 Sep 2007

LRA Easements and Profits A Prendre : Abandonment – Right of way acquired by prescription – doctrine of lost modern grant – whether acquired for all purposes or limited to agricultural purposes only – whether abandoned – Ludgershall Inclosure Act 1777 – Ludgershall Inclosure Award 1778 -Natural Environment and Rural Communities Act 2006, section 67(5) … Continue reading Meldale Ltd v Ludgershall Parish Council: LRA 27 Sep 2007

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

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

Liversidge v Sir John Anderson: HL 3 Nov 1941

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

Regina v Doncaster Metropolitan Borough Council ex parte Braim: 1986

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

Magistrates of Edinburgh v North British Railway Co: SCS 1904

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

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

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

Paddico (267) Ltd v Kirklees Metropolitan Council and Others: ChD 23 Jun 2011

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

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 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

Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007

The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007

Hadley v Baxendale: Exc 23 Feb 1854

Contract Damages; What follows the Breach Naturaly The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854

Littlejohns and Another v Devon County Council and Another: CA 6 May 2016

Appeal against rejection of request for registration of land as a common: ‘At the heart of the appeal lies the question of law whether it is possible to acquire a right of common by virtue of an express grant or (as in the present case) user after 2 January 1970 over land registered under the … Continue reading Littlejohns and Another v Devon County Council and Another: CA 6 May 2016

Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

Basso and Another v Regina: CACD 19 May 2010

The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010

Kruse v Johnson: QBD 16 May 1898

The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge which is unfounded, because based upon an ultra vires byelaw or administrative … Continue reading Kruse v Johnson: QBD 16 May 1898

Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020

Appropriation was not in sufficient form The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed. Held: The appeal failed. The use of the … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020

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: ‘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 . .