Source: All England Reporter
Publisher Citation: [2002] All ER (D) 96 (Jan)
Court: Administrative Court
Judge:

Sullivan J

Representation Harry Wolton QC and Robin Green (instructed by Laytons, Surrey) for A Ltd.
  Charles Mynors (instructed by Tim Grey) for the authority.
Judgment Dates: 17 January 2002

Catchwords

Commons - Commons registration - Registration of village green - Claimant objecting to registration - Claimant arguing land not used by significant number of persons - Claimant submitting that registration authority not entitled to register lessor area than applicants applying for - Whether registration authority in error.

The Case

The words a 'significant number' contained in s22(1) of the 1965 Act did not equate to a considerable or substantial number of people. The neighbourhood concerned could contain a limited number of inhabitants. There was little help to be gained in attempting to define the word, since it was a matter of impression. What an applicant had to demonstrate was that the land was in general use by the local community, rather than in use by individuals acting as trespassers.

Practice Areas

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