000			02829cam a2200229 4500
001			L136968
008			070307s2007 xxk f 000 0 eng d
035			_a(Sirsi) u136968
041	0		_aeng
245	0	0	_aBetterment Properties (Weymouth) Ltd v. Dorset County Council _h[electronic resource]
260			_c2007
520			_a[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			_aKA
650	2	4	_aBETTERMENT PROPERTIES (WEYMOUTH) LTD V DORSET COUNTY COUNCIL
650	2	4	_aCOMMONS REGISTRATION ACT 1965
650	2	4	_aCOUNTRYSIDE AND RIGHTS OF WAY ACT 2000
650	2	4	_aLADD V MARSHALL (1954) 98 SJ 870
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RURAL AND NATURAL ASSETS-LAND
856	4	8	_uhttps://www.bailii.org/ew/cases/EWHC/Ch/2007/365.html _zView the decision free of charge at www.bailii.org...
942			_n0
999			_c106565 _d106565