Evans v Wimbledon & Putney Conservators [2014] EWCA Civ 940
Guy Fetherstonhaugh QC instructed by Gregsons solicitors appeared for the respondent in the Court of Appeal. The case involved a challenge by judicial review ([2013] EWHC 3411 Civ) by the Appellant to the Conservators' exercise of their power under the Wimbledon and Putney Commons Act 1871 to grant easements. The Appellant alleged that such grant was inconsistent with other obligations under the 1871 Act. The Court of Appeal rejected that argument and upheld the Conservators' decision to grant the easements, thereby unlocking a valuable development site. The decision also gave detailed consideration to the question of what ancillary works were permissible to give effect to such a grant.
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