R v Sunderland City Council ex pa Beresford (Record no. 70891)

MARC details
000 -LEADER
fixed length control field 01596cam a2200241 4500
001 - CONTROL NUMBER
control field ABS65765
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 020805n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u119173
245 ## - TITLE STATEMENT
Title R v Sunderland City Council ex pa Beresford
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Property, Planning and Compensation Reports
Volume/sequential designation [2002] 1 P&CR 422-433 (10)
520 ## - SUMMARY, ETC.
Summary, etc. CA 26 July 2001. Appellant (B) and three others submitted an application for land to be registered as a town green under the Commons Registration Act 1965. Respondent (S) refused the application on the ground that the land had been used by local residents for more than 20 years by implied permission not as of right. B challenged the decision by judicial review raising two issues (a) can an implied permission defeat an as of right claim? (b) if so, should the decision be quashed as legally flawed?. Judgement for (a) was yes and no for (b) and these were appealed. "Held" Appeals dismissed. No reason in principle why implied permission should not be relied on by owner to defeat a claim of use as of right. Grants of permission do not have to be restricted to oral or written consents. As for (b) the public ownership of the land was a factor of limited weight and there was no grounds for impugning the decision.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMONS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN GREENS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VILLAGE GREENS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMONS REGISTRATION ACT 1965
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONSENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JUDICIAL REVIEW
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V SUNDERLAND CITY COUNCIL EX P BERESFORD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 05/08/2002   ABS65765 119173-1001 06/08/2019 1 06/08/2019 Law report