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29 April 2010 / John Summers
Issue: 7415 / Categories: Features , Public
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The long & winding road

Once a highway, always a highway? asks John Summers

In R (Smith) v The Land Registry [2010] EWCA Civ 200 Mr Smith occupied a caravan and other land on a byway in Cambridgeshire for over 12 years. The evidence was that he did not obstruct the byway and kept his land tidy. He applied to the Land Registry for first registration of the land by reason of his adverse possession of it. The local council objected to the application on the basis that the land was shown on the relevant definitive map as a public highway open to all traffic. The Land Registry refused the application because the land in question was a public highway. Mr Smith brought judicial review proceedings to challenge the Land Registry’s decision. His claim was dismissed at first instance and he appealed.

Judgments

All three members of the Court of Appeal gave reasoned judgments. Arden LJ noted that while there was a long standing saying in English law to the effect, “Once a highway, always a highway”,

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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