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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

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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