Leeds Group Plc v Leeds City Council & Anor


Reference:
[2010] EWHC 810 (Ch); [2010] NPC 47; [2010] EWCA Civ 1438; [201]] Ch 363; [2011] 2 WLR 1010; [2011] BLGR 331; [2011] JPL 1024; [2011] NPC 4

Date:
12th December 2011

Court:
High Court

Comment:

Registration of land as a town or village green pursuant to s.22(1A) of the Commons Registration Act 1965 as amended. Claimant landowner, for whom Jane acted lead by George Laurence QC, sought rectification of the register of town and village greens by the removal of its land from the register. At first instance the judge held, inter alia, that ‘neighbourhood’ in s.22(1A) of the 1965 Act could be read in the plural and dismissed the claim. The Court of Appeal upheld the judge on this point by a majority. A second issue concerned the quality of user necessary to amount to user as of right, also dismissed. Unusually, the Court of Appeal permitted the landowner to amend its grounds of appeal after the first appeal hearing to add two further grounds: i) whether the 1998 amendment of the 1965 Act interfered with the landowner’s property rights under the ECHR and ii) whether the 1998 amendment should be interpreted to exclude usage prior to the amendment on the basis that the law should not be amended with retrospective effect. The Appeal was dismissed on these grounds also. [2012] EWCA Civ 1447; [2012] 1 WLR 1561

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