Betterment Properties (Weymouth) Ltd v Dorset County Council

Betterment Properties (Weymouth) Ltd v Dorset County Council

The High Court's jurisdiction under section 14 of the Commons Registration Act 1965 is not appellate or akin to judicial review but is at large, allowing the court to admit evidence as it deems fit to reach a just decision. For applications made before the amendment to the definition of 'town or village green', the original definition applies, as the presumption against retrospectivity is not displaced.

Parties
Claimant/respondent: Betterment Properties (Weymouth) Ltd; Defendant/appellant: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
06 February 2008
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Commons Registration, Town and Village Greens, Retrospective Legislation, Procedural Fairness
Land Law Administrative Law Commons Registration Town and Village Greens Retrospective Legislation Procedural Fairness

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Parties

Betterment Properties (Weymouth) Ltd

Claimant/respondent

Dorset County Council

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 What is the nature of the High Court's jurisdiction under section 14 of the Commons Registration Act 1965?
  2. 2 Should the original or amended definition of 'town or village green' apply to applications pending at the time of legislative amendment?

Ratio Decidendi

The High Court's jurisdiction under section 14 of the Commons Registration Act 1965 is not appellate or akin to judicial review but is at large, allowing the court to admit evidence as it deems fit to reach a just decision. For applications made before the amendment to the definition of 'town or village green', the original definition applies, as the presumption against retrospectivity is not displaced.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed on both issues.
  • The original definition of 'town or village green' applies to the application in question.