R v Suffolk County Council, ex parte Steed and Another

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
Judgment Date11 Nov 1996

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 David and Colin Steel against a decision of Mr Justice Carnwath in which he dismissed an application to quash a refusal by Suffolk County Council to register land known as the People's Park, Sudbury as a town green.

Court of Appeal

Regina
and
Suffolk County Council, Ex parte Steed and Another

Commons registration - failure to register - customary rights

Deciding green rights

The failure to register a town green under section 1(2)(a) of the Commons Registration Act 1965 did not have the effect of extinguishing any existing customary rights over the land which could be proved in evidence.

The Court of Appeal (Lord Justice Butler-Sloss, Lord Justice Pill and Lord Justice Schiemann) so stated on July 11 in dismissing an appeal by the applicants, David and Colin Steed, against a decision of Mr Justice Carnwath to dismiss their application to quash the refusal of Suffolk County Council to register the Peoples Park, Sudbury as a town green.

LORD JUSTICE PILL said that he had come to that conclusion having regard to the...

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12 cases
  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • United Kingdom
    • House of Lords
    • 24 Junio 1999
    ...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 ......
  • Paddico (267) Ltd v (1) Kirklees Metropolitan Council and Others
    • United Kingdom
    • Chancery Division
    • 23 Junio 2011
    ...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 r......
  • R (Lewis) v Redcar & Cleveland Borough Council and Another (No. 2)
    • United Kingdom
    • Supreme Court
    • 3 Marzo 2010
    ...Hoffmann held (and the rest of the Appellate Committee agreed) that this was an error. 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 the context in which Lord Hoffmann stated in a passage (at pp352-353) relied ......
  • Oxfordshire County Council v Oxford City Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 Febrero 2005
    ...v See Commons Registration (General)Regulations Schedule 2 Part 1 No 5 (model entry for "Goose Green") vi para [45] vii R v Suffolk CC ex p Steed (1996) 70 P&CR 487 at p viii Steed (CA) 75 P&CR 102 at p 112–3. The substance of the Opinion had been published by the Open Spa......
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