Evans v Wimbledon & Putney Commons Conservators & Ors [2013] EWHC 3411 (Admin) (08 November 2013)

Evans v Wimbledon & Putney Commons Conservators & Ors [2013] EWHC 3411 (Admin) (08 November 2013)

The Defendant is entitled under the Wimbledon and Putney Commons Act 1871, as interpreted by binding authority, to grant the rights contained in the Deed of Easement, including rights of way and construction of access, provided these do not interfere with public enjoyment of the commons and are consistent with the Defendant's statutory duties and the Act's objectives. The supplementary agreement is not a sham, and the Defendant's decisions were reasonable and lawful.

Citation
[2013] EWHC 3411 (Admin)
Parties
Claimant: Nicholas Charles Evans; Defendant: Wimbledon & Putney Commons Conservators; Interested Party: The London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
08 November 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Commons and Open Spaces, Statutory Interpretation, Easements, Local Government Powers
Administrative Law Property Law Commons and Open Spaces Statutory Interpretation Easements Local Government Powers

Case Brief

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Parties

Nicholas Charles Evans

Claimant

Wimbledon & Putney Commons Conservators

Defendant

The London Borough of Wandsworth

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant has statutory power under the Wimbledon and Putney Commons Act 1871 to grant the rights contained in the Deed of Easement to the Interested Party, including rights of way, construction of access, and associated works over the common.

Ratio Decidendi

The Defendant is entitled under the Wimbledon and Putney Commons Act 1871, as interpreted by binding authority, to grant the rights contained in the Deed of Easement, including rights of way and construction of access, provided these do not interfere with public enjoyment of the commons and are consistent with the Defendant's statutory duties and the Act's objectives. The supplementary agreement is not a sham, and the Defendant's decisions were reasonable and lawful.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.