Source: All England Reporter
Publisher Citation: [2004] All ER (D) 376 (Jul)
Neutral Citation: [2004] EWCA Civ 951
Court: Court of Appeal, Civil Division
Judge:

Waller, Arden LJJ and Pumfrey J
Representation Paul Greatorex (instructed pro bono) for the appellant.
  Jonathan Karas and Rupert Reed (instructed by Legal Services General) for the interested party, the Department for the Environment, Food and Rural Affairs.
Judgment Dates: 21 July 2004

Catchwords

Commons - Common land - Town or village green - Registration - Amendment of register - Jurisdiction of Commons Commissioners - Ability of registration authority to decide disputes - Access to court - s 13 - European Convention on Human Rights, art 6.

The Case

In a case concerning a dispute as to whether the land in question should be registered as a village green the court determined (i)that an application to register a new village green under s13 of the which was subject to an objection, could not be referred to a Commons Commissioner, (ii)that a registration authority had power to effect a registration, even if there was a dispute as to the factual basis for registration; and (iii)that the process involved no infringement of an applicant's right of access to the court under art6 of the European Convention on Human Rights.

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