Evans v Wimbledon & Putney Commons Conservators & Ors
The Defendant is entitled under the 1871 Act, as interpreted by binding authority, to grant the rights contained in the Deed of Easement to the Interested Party, provided such rights do not interfere with public enjoyment of the commons and are consistent with the Defendant's statutory duties and the overall objectives of the Act.
- 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 / Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Statutory Interpretation, Easements, Common Land, Local Authority Powers
Case Brief
Summary, issues, holding and outcome
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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 / Judgment
Legal Issues
- 1 Whether the Defendant has power under the Wimbledon and Putney Commons Act 1871 to grant the rights contained in the Deed of Easement to the Interested Party
- 2 Whether the grant of such rights is consistent with the Defendant's statutory duties and the overall objectives of the Act
Ratio Decidendi
The Defendant is entitled under the 1871 Act, as interpreted by binding authority, to grant the rights contained in the Deed of Easement to the Interested Party, provided such rights do not interfere with public enjoyment of the commons and are consistent with the Defendant's statutory duties and the overall objectives of the Act.
Court Disposition
Claim dismissed
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