R. (Lewis) v. Redcar and Cleveland B.C.
Thomas Cross, Barrister
Case Note
The decision of the High Court in this case is of interest in two respects to those
concerned with the registration of new town or village greens on the basis of 20 years
user as of right for lawful sports and pastimes as provided for by s.15 of the Commons Act
2006. First, as to what constitutes a prohibitory sign which would render use not “as
of right”; and second as to whether what is described as “deference” by
those who use the land for lawful sports and pastimes to the use of the landowner will
render their use not “as of right”.
Sullivan J., who heard the case, thought the second of these
issues of such significance that he granted permission to appeal from his own decision to
the Court of Appeal on it. This appeal is pending. Accordingly, any comment on this issue
must be provisional. Nevertheless, the law on signs is itself important; and it is hoped
that some comment on the deference issue may at least help in understanding it.
The << link will work in the same way as your browser's Back button
unless you have opted to disable Javascripts.
|