Adamson v Paddico (267) Ltd [2012] EWCA Civ 262 (07 March 2012)

Adamson v Paddico (267) Ltd [2012] EWCA Civ 262 (07 March 2012)

Registration of Clayton Fields as a town or village green was unlawful because the user was by inhabitants of two areas (Edgerton and Birkby), not a single locality with legally significant boundaries as required by the Commons Registration Act 1965; delay in seeking rectification was excessive but not sufficient to...

Source-derived case information.

Citation
[2012] EWCA Civ 262
Parties
Appellant: Jonathan Adamson; Respondent: Paddico (267) Limited; Respondent: Kirklees Metropolitan Borough Council; Respondent: William John Magee; Respondent: Thomas Michael Courtney Hardy
Jurisdiction
England and Wales
Judgment Date
07 March 2012
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed (majority)
Legal Topics
Commons Registration, Town and Village Greens, Delay in Rectification, Locality Definition
Property Law Administrative Law Commons Registration Town and Village Greens Delay in Rectification Locality Definition

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Parties

Jonathan Adamson

Appellant

Paddico (267) Limited

Respondent

Kirklees Metropolitan Borough Council

Respondent

William John Magee

Respondent

Thomas Michael Courtney Hardy

Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether Clayton Fields was properly registered as a town or village green under the Commons Registration Act 1965 based on user by inhabitants of Edgerton and Birkby
  2. 2 Whether delay in seeking rectification makes it unjust to rectify the register

Ratio Decidendi

Registration of Clayton Fields as a town or village green was unlawful because the user was by inhabitants of two areas (Edgerton and Birkby), not a single locality with legally significant boundaries as required by the Commons Registration Act 1965; delay in seeking rectification was excessive but not sufficient to bar rectification absent demonstrable prejudice.

Court Disposition

Appeal allowed (majority)

Orders

  • Register of town and village greens to remain unrectified due to excessive delay; no rectification ordered.