St John's College, Cambridge, R (On the Application Of) v Cambridgeshire County Council

St John's College, Cambridge, R (On the Application Of) v Cambridgeshire County Council

Regulation 5(4) does not restrict the registration authority to a single opportunity for applicants to remedy defects; multiple opportunities may be given, and the application was duly made once defects were remedied.

Parties
Claimant: The Master Fellows and Scholars of College of Saint John the Evangelist in the University of Cambridge; Defendant: Cambridgeshire County Council; Interested Party: David Rhys Hughes Davies
Jurisdiction
England and Wales
Judgment Date
12 July 2017
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up)
Outcome
Permission granted; substantive application for judicial review dismissed.
Legal Topics
Commons Act 2006, Village Green Registration, Regulation 5(4) Interpretation, Procedural Defects in Applications
Administrative Law Land Law Commons Act 2006 Village Green Registration Regulation 5(4) Interpretation Procedural Defects in Applications

Case Brief

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Parties

The Master Fellows and Scholars of College of Saint John the Evangelist in the University of Cambridge

Claimant

Cambridgeshire County Council

Defendant

David Rhys Hughes Davies

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up)

Legal Issues

  1. 1 Whether regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 allows only one opportunity to correct defective applications
  2. 2 Whether the application was duly made under the Commons Act 2006
  3. 3 Whether the registration authority acted within its jurisdiction in allowing multiple opportunities to correct defects

Ratio Decidendi

Regulation 5(4) does not restrict the registration authority to a single opportunity for applicants to remedy defects; multiple opportunities may be given, and the application was duly made once defects were remedied.

Court Disposition

Permission granted; substantive application for judicial review dismissed.

Orders

  • Permission to apply for judicial review granted.
  • Application for judicial review dismissed.