Source: All England Reporter
Publisher Citation: [2010] All ER (D) 248 (Nov)
Neutral Citation: [2010] EWHC 3045 (Ch)
Court: Chancery Division
Judge: Morgan J
Representation George Laurence QC and William Webster (instructed by Pengillys) for the claimant.
  The first defendant did not appear and was not represented.
  Philip Petchey (instructed by Public Law Solicitors) for the second defendant.
Judgment Dates: 23 November 2010

Catchwords

Commons - Registration - Town or village green - Register - Rectification of register - Amendment of register - Whether just to amend register in circumstances of instant case - , .

The Case

Commons Registration. The Chancery Division allowed the claimant's application for removal of its land from the Register of Town and Village Greens under of the Commons Registration Act 1965, which provided that the court could order amendment of the register if the register had been amended in pursuance of s 13 and it appeared to the court that 'no amendment or a different amendment ought to have been made', as in all the circumstances of the instant case, it was just to order rectification of the register.

The judgment for this case is forthcoming.

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