000 01875cam a2200277 4500
001 ABS67285
008 031120n2003 000 0 eng u
035 _a(Sirsi) u124393
245 _aRegina (Beresford) v Sunderland City Council
260 _c2003
490 _aWeekly Law Reports
_v[2003] 3 WLR 1306-1333(28)
520 _a[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.
590 _aABS
650 _aR V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
650 _aR V SUNDERLAND CITY COUNCIL EX P BERESFORD
650 _aCOMMONS
650 _aTOWN GREENS
650 _aVILLAGE GREENS
650 _aCOMMONS REGISTRATION ACT 1965 S22
650 _aCOUNTRYSIDE AND RIGHTS OF WAY ACT 2000 S98
650 _aOPEN SPACES
650 _aRECREATION GROUNDS
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd031113/beres-1.htm
_zView judgment on the UK Parliament website...
942 _n0
999 _c73819
_d73819