News(July 19, 2019)
On Monday 15 and Tuesday 16 July, the Supreme Court will hear the appeal of R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs. This appeal will consider whether the concept of ‘statutory incompatibility’ applies to prevent land from being registered as a village green where it is held for general statutory purposes and what the correct approach is to alleged errors of fact in the public law arena. This appeal will also consider whether an application for registration of land as a village green has to show that there was a geographical spread of users from the locality in question and whether a qualifying locality under the Commons Act 2006, s 15 has to have remained the same legal entity throughout the relevant 20 year period. Finally, it will consider what standard of reasoning is required by a Registering Authority which disagrees with an Inspector’s views. This will be heard in Courtroom 1.
On Wednesday 17 July, the Judicial Committee of the Privy Council will hear the appeal of Seebun v Domun & Ors (Mauritius). This appeal will consider whether the Court of Appeal was wrong to hold that the plaint did not disclose a cause of action based on prescription, the action of the appellant was time barred, and the failure to join all the heirs of the deceased was fatal to the claim. It will also consider whether the Court of Appeal failed to consider relevant evidence of actual occupation of the land. This will be heard in Courtroom 3.