Source: All England Reporter
Publisher Citation: [2012] All ER (D) 210 (May)
Neutral Citation: [2012] EWCA Civ 671
Court: Court of Appeal, Civil Division
Judge:

Maurice Kay VP, Richards and Kitchin LJJ
Representation Zachary Bredemear (instructed by the Bar Pro Bono Unit) for the claimant.
  John Randall QC and Giles Harrison-Hall (instructed by Stallard March & Edward, Worcester) for the first and second defendant.
  John Randall QC and Giles Harrison-Hall (instructed by Masefields Solicitors LLP, Ledbury) for the third defendant
Judgment Dates: 22 May 2012

Catchwords

Commons - Right of common - Common of grazing - Claimant asserting enjoyment of rights of common - Claimant removing hay from common - Defendants contending right of common only exercisable every three years - Defendants contending right not including removal of hay - Defendants seeking damages - Judge finding right only exercisable every three years - Judge awarding defendants nominal damages for removal of hay by claimant - Claimant submitting judge erring by finding a temporal limitation upon exercise of right of common - Defendants submitting judge erring in awarding nominal damages.

The Case

Commons Right of common. The Court of Appeal, Civil Division, upheld findings that a right of common held by the claimant over an area of land had been exercisable only one year in three, and further, although the claimant had not been entitled to remove hay from the land, the first and second defendant had failed to provide any evidence that they had suffered more than nominal damages by the claimant's trespass and removal of the hay.

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