Waksman QC J considered dicta in the Sunningwell case and concluded that what he called the ‘predominance test’ no longer applied in relation to ‘neighbourhood within any locality’ under section 22(1A) of the 1965 Act. He said: ‘there is no reason now to assume that the user required for class (c) rights should be the … Continue reading Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and Others, Regina (on The Application of) v Deluce and Others: Admn 23 Mar 2010

Application had been made to the defendant to register as a common land belonging in part to the claimant and in part to the defendant. The claimant objected to the registration. The defendant did not. Judges: Behrens J Citations: [2010] EWHC 810 (Ch), [2010] NPC 47 Links: Bailii Statutes: Commons Registration Act 1965 13(b), Countryside … Continue reading Leeds Group Plc v Leeds City Council: ChD 21 Apr 2010

The claimant appealed against refusal of its challenge to an order declaring part its land to be a town or village green. Held: The term ‘neighbourhood within any locality’ in section 22(1A) can mean a singular neighbourhood or more than one neighbourhood.Sullivan LJ, dissenting mentioned the absurdity of the situation in a case such as … Continue reading Leeds Group Plc v Leeds City Council: CA 20 Dec 2010