header-logo header-logo

Legally TGV?

21 May 2021 / Alec Samuels
Issue: 7933 / Categories: Features , Procedure & practice , Planning , Public
printer mail-detail
49418
Alec Samuels discusses the new principle for the town and village green
  • Statutory requirements.
  • Lawful sports and pastimes.
  • The principle of ‘give and take’.

The facts in TW Logistics Ltd v Essex County Council [2021] UKSC 4, [2021] All ER (D) 60 (Feb) were somewhat unusual for town or village green (TVG) law and practice. The land adjoined water and was used for working industrial and commercial docks purposes. There was a hard surface; goods were taken on and off site by heavy lorries, stored on site, and were put on and off vessels at the quayside. The locals walked there, sat there, played with the children, let the children play, walked the dogs, played informal games. As time went by, the industrial and commercial activities changed and intensified. The landowner began to get anxious because of health and safety—lorries involved in accidents, boxes falling on people, children falling into the water, risk of interference in the business. Was it legally possible to register the land as a TVG? This

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll