Betterment Properties (Weymouth) Ltd v. Dorset County Council (Record no. 106565)

MARC details
000 -LEADER
fixed length control field 02829cam a2200229 4500
001 - CONTROL NUMBER
control field L136968
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070307s2007 xxk f 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u136968
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Betterment Properties (Weymouth) Ltd v. Dorset County Council
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWHC 365 (Ch), 2 March 2007. This application is for the determination of two preliminary issues of law. The issues are as to the construction of provisions of the Commons Registration Act 1965 and of the Countryside and Rights of Way Act 2000. These issues arise in the context of the claim in this action by Betterment Properties (Weymouth) Limited against Dorset County Council as registration authority for the purposes of the 1965 Act for an order under section 14 of the 1965 Act for the rectification of the Register of Town and Village Greens by removing therefrom an area in the region of 46.2 acres of undeveloped land owned by the Claimant. The first preliminary issue is as follows: Whether the jurisdiction conferred by section 14(b) of the Commons Registration Act 1965 is by way of rehearing or appellate or on some other basis? The second preliminary issue is: Whether an application to register land as a Town or Village Green (made before 30 January 2001 but not determined before that date) should be determined (1) by reference to the definition of Town or Village Green as it existed before the amendment effected by section 98 and section 103 of the Countryside and Rights of Way Act 2000, or (2) by reference to the amended definition which came into force on that date. "Held": in answer to the first question that Section 14 imposes no fetter on the evidence or arguments which may be relied on to establish that no amendment or a different amendment should have been made, even as it imposes no fetter on the evidence or argument which may be relied on to establish that it is or is not just to rectify the register; and that it is a matter for the judge hearing the application under Section 14 in the exercise of his case management powers to decide the procedure to be adopted and what should stand as evidence and what should be admitted as evidence at the trial. The answer to the second issue is that the 1997 Application should be determined by reference to the Unamended Definition.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BETTERMENT PROPERTIES (WEYMOUTH) LTD V DORSET COUNTY COUNCIL
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMONS REGISTRATION ACT 1965
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COUNTRYSIDE AND RIGHTS OF WAY ACT 2000
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LADD V MARSHALL (1954) 98 SJ 870
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RURAL AND NATURAL ASSETS-LAND
856 48 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2007/365.html">https://www.bailii.org/ew/cases/EWHC/Ch/2007/365.html</a>
Public note View the decision free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 07/03/2007   ONLINE PUBLICATION 136968-2001 06/08/2019 1 06/08/2019 Law report