Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22 (06 February 2008)

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22 (06 February 2008)

The High Court's jurisdiction under section 14 of the Commons Registration Act 1965 is not limited to an appeal or judicial review but is at large, allowing the court to admit new evidence as necessary to reach a just decision. For applications made before the amendment to the definition of 'town or village green' by the Countryside and Rights of Way Act 2000, the original definition applies, as the presumption against retrospectivity is not displaced.

Citation
[2008] EWCA Civ 22
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 Act 1965, Town and Village Greens, Retrospective Legislation, Judicial Review Vs. Appeal, Transitional Provisions
Property Law Administrative Law Commons Registration Act 1965 Town and Village Greens Retrospective Legislation Judicial Review Vs. Appeal Transitional Provisions

Case Brief

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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 Nature of the High Court's jurisdiction under section 14 of the Commons Registration Act 1965 (rehearing, appeal, or other)
  2. 2 Whether the original or amended definition of 'town or village green' applies to applications pending at the time of statutory amendment

Ratio Decidendi

The High Court's jurisdiction under section 14 of the Commons Registration Act 1965 is not limited to an appeal or judicial review but is at large, allowing the court to admit new evidence as necessary to reach a just decision. For applications made before the amendment to the definition of 'town or village green' by the Countryside and Rights of Way Act 2000, the original definition applies, as the presumption against retrospectivity is not displaced.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Dorset County Council is dismissed on both issues.
  • The decision of Lightman J is affirmed.