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R v Commons Commissioners ex p Whitmey

Series: Estates Gazette ; [2004] 45 EG 126-135(10)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 951, 21 July 2004. The appellant W, as an interested party, had made an application to register a piece of land as a town or village green under the Commons Registration Act 1965 s13. The registration authority decided to appoint an independent person to hold a non-statutory inquiry, a decision backed by DEFRA an interested party. W's application for a judicial review seeking a declaration that the Commissioners did have jurisdiction was rejected by the HC. W appealed on the grounds that firstly he sought permission to appeal the questions as to whether an application under s13 of the 1965 Act must relate back to the entry on the register of the greens prior to 3 January 1970, secondly whether disputes as to the registration of new greens under s13 should be referred to the Commons Commissioners and thirdly whether registration of a green under s13 was provisional only. Application for permission to appeal, the appeal and the application for judicial review were dismissed. View judgment at www.bailii.org
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS68470 (Browse shelf(Opens below)) 1 Available 128061-1001

[2004] EWCA Civ 951, 21 July 2004. The appellant W, as an interested party, had made an application to register a piece of land as a town or village green under the Commons Registration Act 1965 s13. The registration authority decided to appoint an independent person to hold a non-statutory inquiry, a decision backed by DEFRA an interested party. W's application for a judicial review seeking a declaration that the Commissioners did have jurisdiction was rejected by the HC. W appealed on the grounds that firstly he sought permission to appeal the questions as to whether an application under s13 of the 1965 Act must relate back to the entry on the register of the greens prior to 3 January 1970, secondly whether disputes as to the registration of new greens under s13 should be referred to the Commons Commissioners and thirdly whether registration of a green under s13 was provisional only. Application for permission to appeal, the appeal and the application for judicial review were dismissed. View judgment at www.bailii.org