When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965?

7th February 2014

George Laurence QC and Ross Crail acted for the successful Appellant before the Supreme Court in a village green rectification case Paddico (267) Ltd v Adamson [2014] UKSC 7 judgment in which was handed down on 5 February 2014.  The case has considerable potential significance for landowners whose land was wrongly registered as a green under either section 13 of the Commons Registration Act 1965 or section 15 of the Commons Registration Act 2006.  In Paddico, more than 12 years had elapsed between the date in 1997 when the land was registered as a green and the commencement of proceedings by Paddico in 2010 to rectify the register.  Despite the delay, the Supreme Court (reversing the Court of Appeal) restored the decision of Vos J awarding rectification under section 14 of the 1965 Act.  Vos J found that a legal mistake had been made in registering the land and that it was “just” (as required by section 14) to order rectification, in the absence of evidence of prejudice to anybody – other than those who had enjoyed rights of recreation, in consequence of the registration, which they ought never to have had.  In another case heard at the same time, in which George Laurence QC, leading William Webster, acted for the successful Respondent (Taylor v Betterment Properties (Weymouth) Ltd), the Supreme Court upheld the decisions of Morgan J and the Court of Appeal also awarding rectification.  An article on these two cases in the Solicitors Journal by George Laurence QC will appear on Tuesday 11 February 2014 (accessible online from midday on 7 February 2014).  

Associated Members

George Laurence QC

Ross Crail

© New Square Chambers Ltd : Barristers regulated by the Bar Standards Board.