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 Oxfordshire County Council ex parte Sunningwell Parish Council Admn 11-Jul-1996
The Parish Council sought judicial review of the county council’s decision to reject a regristation of land as a Common on the ground that the user of the land by the villagers had not been shown to be ‘as of right.’
Held: Leave to bring the . .
Applied – Regina v Suffolk County Council Ex Parte Steed and Another CA 2-Aug-1996
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 . .
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 11 November 2022; Ref: scu.143206