Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust & Ors, R (on the application of)v Deluce & Ors

Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust & Ors, R (on the application of)v Deluce & Ors

The Inspector did not err in law in his approach to the 1989 notices, as they did not objectively render general recreational use contentious. The statutory test under s22(1A) does not require that the qualifying neighbourhood predominate among users, only that a significant number of its inhabitants used the land. Any error regarding the effect of registration for users outside the qualifying neighbourhood was immaterial and did not affect the outcome.

Parties
Claimant: Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust and Oxford Radcliffe Hospitals NHS Trust; Defendant: Oxfordshire County Council; Interested Party: Paul Deluce; Interested Party: Christopher Whitmey; Interested Party: Rosie Booth
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Commons Registration, Village Greens, Judicial Review, Interpretation of Statutes
Administrative Law Land Law Commons Registration Village Greens Judicial Review Interpretation of Statutes

Case Brief

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Parties

Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust and Oxford Radcliffe Hospitals NHS Trust

Claimant

Oxfordshire County Council

Defendant

Paul Deluce

Interested Party

Christopher Whitmey

Interested Party

Rosie Booth

Interested Party

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Inspector erred in law in finding that the 1989 'No Public Right of Way' notices did not render recreational use contentious ('Notices Issue')
  2. 2 Whether the Inspector erred in law by not applying a 'Predominance Test' to the qualifying neighbourhood under s22(1A) Commons Registration Act 1965 ('Neighbourhood Issue')
  3. 3 Whether the Inspector erred in law regarding the effect of registration for users outside the qualifying neighbourhood ('Subsequent Rights Issue')

Ratio Decidendi

The Inspector did not err in law in his approach to the 1989 notices, as they did not objectively render general recreational use contentious. The statutory test under s22(1A) does not require that the qualifying neighbourhood predominate among users, only that a significant number of its inhabitants used the land. Any error regarding the effect of registration for users outside the qualifying neighbourhood was immaterial and did not affect the outcome.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review is dismissed