R v Suffolk County Council, ex parte Steed and Another
| Jurisdiction | England & Wales |
| Judgment Date | 11 November 1996 |
| Date | 11 November 1996 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Regina
and
Suffolk County Council, Ex parte Speed and Another
Common land - failure to register - customary rights not extinguished
Green rights not lost
A failure to register a town green as common land under section 1(2)(a) of the Commons Registration Act 1965 did not have the effect of extinguishing the customary rights over the land. Such land could subsequently still be proved by evidence to be a green although it was not deemed to be a green under the Act as appropriately registered land was.
The Court of Appeal (Lord Justice Butler-Sloss, Lord Justice Pill and Lord Justice Schiemann) so held on July 11 when dismissing, on other grounds, an appeal by...
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12 cases
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R v Oxfordshire County Council, ex parte Sunningwell Parish Council
...had not been shown to be "as of right." In coming to this conclusion, he followed the decision of the Court of Appeal in Reg. v. Suffolk County Council, Ex parte Steed (1996) 75 P. & C.R. 102 which held that "as of right" meant that the right must be exercised in the belief that it is a rig......
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Paddico (267) Ltd v (1) Kirklees Metropolitan Council and Others
...in the present case by the fact that the so-called village green is wholly undefined. It has no boundaries even on a plan". 77 In R. v. Suffolk County Council, ex parte Steed and Steed [1995] 70 P. & C.R. 487 (the " Steed case"), Carnwath J rejected an application for judicial review of Suf......
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R (Lewis) v Redcar & Cleveland Borough Council and Another (No. 2)
... ... Commons Act 2006) as to town and village greens: R v Oxfordshire County Council Ex p Sunningwell Parish Council [2000] 1 AC 335 ... The decision of the Court of Appeal in R v Suffolk County Council Ex p Steed (1996) 75 P & CR 102 was overruled. That was ... ...
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R (Cheltenham Builders Ltd) v South Gloucestershire District Council
...branch of the law) to hold a non-statutory inquiry. This practice was noted with approval by Carnwath J (as he then was) in R v Suffolk County Council ex.p Steed [1995] 70 P & CR 487 at pages 500 to 501. "It is accepted that, if the matter has to be reconsidered by the Council on its merits......
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4 books & journal articles
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Custom and Variety
...of those cases may have involved a franchise. 71 In re Turnworth Down, Dorset [1978] Ch 251; R v Suffolk County Council, Ex p Steed (1996) 75 P&CR 102. 72 [2006] 2 AC 674 at [17]–[19]. (19.7). All greens therefore now depend on registration, and the former customary rights must therefore ha......
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Village and Hundred
...cricket, you have got beyond your custom. 16 In In re Turnworth Down, Dorset [1978] Ch 251 and R v Suffolk County Council, Ex p Steed (1996) 75 P&CR 102. 17 [2006] 2 AC 674 at [17]–[19]. 18 R v Oxfordshire County Council, Ex p Sunningwell Parish Council [2000] 1 AC 335. 19 (1876) 24 WR 603.......
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Table of Cases
...Steward and Suitors of the Manor of Havering Atte Bower (1822) 5 B and Ald 691, 106 ER 1343 13.2 R v Suffolk County Council ex p Steed (1996) 75 P & CR 102, [1997] 1 EGLR 131, CA 4.9, 19.7 R v Tower (1815) 4 M&S 162, 105 ER 795, 16 RR 428 25.4 R v Wakeford (1714) Sess 98, 93 ER 100 13.5 R v......
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Table of Cases
...Homes Ltd [2002] EWHC 76 (Admin), [2002] 2 PLR 1 88, 89, 90 R v Suffolk County Council ex parte Steed (1996) 75 P & CR 102, [1997] 1 EGLR 131, [1996] NPC 117, CA 77, 88 R v Surrey County Council ex parte Bridge Court Holdings Ltd [2000] 4 PLR 30, [2000] PLCR 344, (2000) 97(8) LSG 38, QB......