Regina (Beresford) v Sunderland City Council
Regina (Beresford) v Sunderland City Council
- 2003
- Weekly Law Reports [2003] 3 WLR 1306-1333(28) .
[2003] UKHL 60, 13 November 2003. Appellant Beresford (B) appealed against the CA decision ([2001] EWCA Civ 1218, Abs65765) to uphold the HC ruling (QBD, X113557) that Sunderland City Council was right to refuse to register a town/village green under the Commons Registration Act 1965 s22 (as amended by the Countryside and Rights of Way Act 2000 s98). HL considered: if the admitted use of land for indulgence in lawful sports or pastimes for more than 20 years is of right or "nec precario"; if an implied permission had been given by the landlord and if so was that fatal to the contention that the inhabitant's use was as of right; and if the fact that the land was public land held by a local authority throughout the period of use had any bearing as to whether the use was of right. "Held" appeal allowed due to the special circumstances of this case. View judgment at www.parliament.the-stationery-office.co.uk.
R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
R V SUNDERLAND CITY COUNCIL EX P BERESFORD
COMMONS
TOWN GREENS
VILLAGE GREENS
COMMONS REGISTRATION ACT 1965 S22
COUNTRYSIDE AND RIGHTS OF WAY ACT 2000 S98
OPEN SPACES
RECREATION GROUNDS
[2003] UKHL 60, 13 November 2003. Appellant Beresford (B) appealed against the CA decision ([2001] EWCA Civ 1218, Abs65765) to uphold the HC ruling (QBD, X113557) that Sunderland City Council was right to refuse to register a town/village green under the Commons Registration Act 1965 s22 (as amended by the Countryside and Rights of Way Act 2000 s98). HL considered: if the admitted use of land for indulgence in lawful sports or pastimes for more than 20 years is of right or "nec precario"; if an implied permission had been given by the landlord and if so was that fatal to the contention that the inhabitant's use was as of right; and if the fact that the land was public land held by a local authority throughout the period of use had any bearing as to whether the use was of right. "Held" appeal allowed due to the special circumstances of this case. View judgment at www.parliament.the-stationery-office.co.uk.
R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
R V SUNDERLAND CITY COUNCIL EX P BERESFORD
COMMONS
TOWN GREENS
VILLAGE GREENS
COMMONS REGISTRATION ACT 1965 S22
COUNTRYSIDE AND RIGHTS OF WAY ACT 2000 S98
OPEN SPACES
RECREATION GROUNDS