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Oxfordshire County Council v Oxford City Council and Catherine Mary Robinson

Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWCA Civ 175, 20 January 2005. Concerns guidance given by CA on the interpretation and application of the Commons Registration Act 1965 in respect of applications for registration under s13 of the Act of land designated as a class c green within s22(1A). Appeal by registration authority (X) against the court's decision ([2004] EWHC 12 (Ch), X124969) giving guidance on issues arising from R's application under s13 for registration of the land known as Trap Ground owned by Oxford as a town or village green. "Held": appeal allowed in part. Registration of the land as a class c green did not of itself confer or imply any rights in respect of local inhabitants using the land for lawful sports and pastimes. There were no legal grounds for treating the land as having acquired village green status because of an earlier period of qualifying use. The registration authority had to deal procedurally with an application under the Act in a way that was just to the applicant and could permit R's application to be amended to refer to a proposed lesser area and register only that part of the land as a green. Leave to appeal to HL granted.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS68865 (Browse shelf(Opens below)) 1 Available 129189-1001
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 129189-3001

[2005] EWCA Civ 175, 20 January 2005. Concerns guidance given by CA on the interpretation and application of the Commons Registration Act 1965 in respect of applications for registration under s13 of the Act of land designated as a class c green within s22(1A). Appeal by registration authority (X) against the court's decision ([2004] EWHC 12 (Ch), X124969) giving guidance on issues arising from R's application under s13 for registration of the land known as Trap Ground owned by Oxford as a town or village green. "Held": appeal allowed in part. Registration of the land as a class c green did not of itself confer or imply any rights in respect of local inhabitants using the land for lawful sports and pastimes. There were no legal grounds for treating the land as having acquired village green status because of an earlier period of qualifying use. The registration authority had to deal procedurally with an application under the Act in a way that was just to the applicant and could permit R's application to be amended to refer to a proposed lesser area and register only that part of the land as a green. Leave to appeal to HL granted.