||All England Reporter
|| All ER (D) 251 (Oct)
|| EWCA Civ 1373
||Court of Appeal, Civil Division
Richards, Sullivan and McFarlane LJJ
||Douglas Edwards QC (instructed by Richard Buxton Solicitors) for the applicant.
||Ruth Stockley (instructed by North Yorkshire County Council) for the authority.
||William Hanbury (instructed by Scarborough Borough Council) for the borough council.
||23 October 2012
Commons - Registration - Town or village green - Respondent local authority refusing application for registration of playing field as town or village green - Authority finding local inhabitants use of field by right not as of right - Whether authority erring - .
Commons Registration. The Court of Appeal, Civil Division dismissed an appeal against a local authority's refusal to register a playing field as a town or village green pursuant to of the Commons Act 2006. It found that the field had been 'appropriated for the purpose of public recreation' and thereafter maintained under an express statutory power, namely s80(1) of the Housing Act 1936 (subsequently of the Housing Act 1985). Accordingly, throughout the relevant 20 year period the local inhabitants had indulged in lawful sports and pastimes on the field by right and not as of right.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- Cases related to this particular case that are related to, or discuss this caseView related cases