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20 June 2014
Issue: 7611 / Categories: Case law , Law digest , In Court
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Commons

R (on the application of Church Commissioners for England) v Hampshire County Council and another [2014] EWCA Civ 634, [2014] All ER (D) 60 (Jun)

If an application did not comply with the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 (SI 2007/457), reg 5(4) enabled the registration authority to reject it without going through the procedure of giving notice to the landowner and others. But if the registration authority thought that the applicant could correct the errors, it could give him a reasonable opportunity to do so. If within the reasonable opportunity so given the applicant corrected the errors, the original application had full force and effect and therefore the Regulation had to be retrospective. Accordingly, reg 5(4) of the Regulations provided a means for curing deficiencies in an application which did not provide all the statutory particulars, and, once an application was so cured, it was treated as duly made on the date on which the original defective application had been lodged. 

 

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

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