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15 April 2010
Issue: 7413 / Categories: Case law , Law digest
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Commons registration

R (on the application of Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and another) v Oxfordshire County Council [2010] EWHC 530 (Admin), [2010] All ER (D) 249 (Mar)

The following principles could be derived from the authorities concerning the correct approach to deciding whether a particular notice had rendered the use of a particular land contentious:

(i) the fundamental question was what the notice conveyed to the user; (ii) evidence of the actual response to the notice by the actual users was thus relevant to the question of actual knowledge and might also be relevant as to the putative knowledge of the reasonable user; (iii) the nature and content of the notice, and its effect, had to be examined in context; (iv) the notice should be read in a common sense and not legalistic way; and (v) if it was suggested that the owner should have done something more than erect the actual notice, whether in terms of a different notice or some other act, the court should consider whether anything more would have been proportionate to

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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