Church Commissioners for England, R v Hampshire County Council & Anor [2014] EWCA Civ 634
Jonathan Karas QC appeared for the successful Appellant in recent significant decision on the procedure for registering town and village greens. The Court of Appeal considered the extent to which it was open to a local authority to extend time for the correction of defective applications for registration under the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007. The Court of Appeal accepted that corrections took effect retrospectively. However it also agreed with the Appellant that excessive time had been given for the corrections necessary to be made, so that the application for registration failed, leaving the Appellant’s land free to be developed.
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