Source: All England Reporter
Publisher Citation: [2009] All ER (D) 70 (Jan)
Neutral Citation: [2009] EWCA Civ 3
Court: Court of Appeal, Civil Division

Laws, Rix and Dyson LJJ

Representation Charles George QC and Jeremy Pike (instructed by Irwin Mitchell) for the claimant.
  George Laurence QC (instructed by Rachel Dooris, Redcar and Cleveland Borough Council Legal Services) for the authority.
  Ross Crail (instructed by Ward Hadaway) for the interested party.
Judgment Dates: 15 January 2009


Commons - Registration - Town or village green - User as of right - Application being made for registration of part of land at local golf course as 'town or village green' - Local inhabitant claiming user as of right to land - Planning inspector recommending refusal of application on basis that local inhabitants paying deference to golfers - Local authority accepting inspector's recommendation - Whether inspector and authority in error - Judge refusing application for judicial review - Whether judge in error - Examination of relevant authorities - Approach to issue of user as of right - s 15.

The Case

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