header-logo header-logo

09 October 2018
Issue: 7812 / Categories: Legal News
printer mail-detail

Mistley keeps its village green

The quay in the picturesque Essex town of Mistley was properly registered as a ‘village green’, the Court of Appeal has held in a victory for local campaigners.

The decision, in TW Logistics v Tucker [2018] EWCA Civ 2172, means the area of waterfront at Mistley Quay remains available for the recreational use of the local residents.

In 2008, TW Logistics, which owns the port, erected Heras fencing along the edge of the quay, prompting locals to bring a legal challenge. Represented by Birketts partner Nigel Farthing, they applied for registration of the quay as a village green. A public inquiry was held to determine the issue. Once registered, however, TW sought the removal of the quay from the register of town and village greens.

TW argued that the laws protecting village greens would lead to them committing a criminal offence when using the quay. However, the Court of Appeal rejected this argument.

Lord Justice Lindblom said: ‘A landowner will be free, and indeed has the right, to continue in his previous commercial or other activities on the land after registration, so long as he does not interfere with the corresponding right of local inhabitants to continue in their use of it for recreation.’

Richard Eaton, partner at Birketts, who defended the campaigners in the case, said: ‘Mistley is a working port and a key issue in the litigation has been the examination of how the law treats the co-existing interests of the landowner and the inhabitants. The decision sheds valuable light on the post registration rights of each, and how they can continue with sensible give and take and common sense.'

Issue: 7812 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll