Littlejohns, R (on the application of) v Devon County Council & Anor [2015] EWHC 730 (Admin) (24 March 2015)

Littlejohns, R (on the application of) v Devon County Council & Anor [2015] EWHC 730 (Admin) (24 March 2015)

The legislative intention of the Commons Registration Act 1965 was to require registration of all rights of common, and unregistered rights were extinguished. The Act did not permit the creation or registration of new rights of common by prescription over land already registered as common land after 2 January 1970. The Commons Act 2006 transitional provisions did not revive or allow registration of such rights. Therefore, the Authority's refusal to register the Claimants' rights was correct in law.

Citation
[2015] EWHC 730 (Admin)
Parties
Claimant: Martin Littlejohns; Claimant: Sarah Jean Littlejohns; Defendant: Devon County Council; Interested Party: Duchy of Cornwall
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Commons Registration, Rights of Common, Prescription, Extinguishment of Rights, Transitional Provisions, Human Rights Act 1998, European Convention on Human Rights
Administrative Law Property Law Human Rights Commons Registration Rights of Common Prescription Extinguishment of Rights Transitional Provisions +2 more

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Parties

Martin Littlejohns

Claimant

Sarah Jean Littlejohns

Claimant

Devon County Council

Defendant

Duchy of Cornwall

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether rights of common could be acquired by prescription over registered common land after 2 January 1970 under the Commons Registration Act 1965 and subsequently registered under the Commons Act 2006 transitional provisions.
  2. 2 Whether the refusal to register such rights was contrary to Article 1 of the First Protocol to the European Convention on Human Rights.

Ratio Decidendi

The legislative intention of the Commons Registration Act 1965 was to require registration of all rights of common, and unregistered rights were extinguished. The Act did not permit the creation or registration of new rights of common by prescription over land already registered as common land after 2 January 1970. The Commons Act 2006 transitional provisions did not revive or allow registration of such rights. Therefore, the Authority's refusal to register the Claimants' rights was correct in law.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.