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 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:  EWHC 815 (Admin), Times … Continue reading JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council: Admn 11 Apr 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
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
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 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
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
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
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
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 . .
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 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 . .
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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:  EWHC 2530 (Admin) Links: Bailii … Continue reading Forbes v Wokingham Borough Council: Admn 4 Oct 2018
Citations:  EWHC B14 (Admin) Links: Bailii Statutes: Commons Act 2006 15(2) Jurisdiction: England and Wales Land Updated: 10 June 2022; Ref: scu.463778
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:  EWHC 2560 (Admin) Links: Bailii Statutes: Commons Act 2006 … Continue reading Naylor v Essex County Council: Admn 28 Jul 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
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 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
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
Appeal against registration of land as town or village green Patterson DBE J  EWHC 2677 (Admin) Bailii Commons Act 2006 15(2) England and Wales Land Updated: 24 January 2022; Ref: scu.570546
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 . .
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 . .
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
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 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:  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 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 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
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:  EWHC 1715 (Admin),  4 WLR 130,  WLR(D) 397,  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 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
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
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
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
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
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
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
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
Lloyd, Lewison, Gloster LJJ  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
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
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
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 ‘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  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 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
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
A notice had been displayed on a golf club notice board. The court considered whether this constituted publication for defamation purposes. Held: Greene LJ said: ‘Now on the substantial question of publication, publication, of course, is a question of fact, and it must depend on the circumstances in each case whether or not publication has … Continue reading Byrne v Deane: CA 1937
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
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
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
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
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
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
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. . .
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.
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 . .
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should . .
References:  EngR 170, (1864) 15 CB NS 600, (1864) 143 ER 920 Links: Commonlii Coram: Erle CJ, Williams J Ratio 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 … Continue reading Mace v Philcox; 25 Jan 1864
References: (1821) 5 B&ALD 268,  EngR 579, (1821) 5 B & A 268, (1821) 106 ER 1190 (B) Links: Commonlii Coram: Abbott CJ, Holroyd, Best JJ Ratio 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 … Continue reading Blundell v Catterall; 7 Nov 1821