Littlejohns, R (on the application of) v Devon County Council & Anor

Littlejohns, R (on the application of) v Devon County Council & Anor

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

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 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Commons Registration, Rights of Common, Prescription, Transitional Provisions, Extinguishment of Rights, European Convention on Human Rights
Property Law Administrative Law Human Rights Law Commons Registration Rights of Common Prescription Transitional Provisions Extinguishment of Rights +1 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 / Final Judgment

Legal Issues

  1. 1 Whether rights of common acquired by prescription after 1970 over registered common land could be registered under Commons Act 2006
  2. 2 Whether the Authority's refusal to register such rights was correct in law
  3. 3 Whether the interpretation of the legislation interfered with proprietary rights under Article 1 of the First Protocol to the ECHR

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 Commons Act 2006 did not revive or permit registration of new rights of common over existing registered common land acquired by prescription after 1970. Therefore, the Authority's refusal to register the Claimants' rights was correct in law.

Court Disposition

Claim dismissed