header-logo header-logo

Turning of the tide

14 March 2014 / Keith Davies
Issue: 7598 / Categories: Features
printer mail-detail
web_davies_3

Keith Davies investigates the curious incident of the village green in a harbour

On 18 December 2008, Newhaven Town Council (a parish council in all but name) applied to East Sussex County Council, as the local registration authority for town and village greens, to register West Beach in Newhaven Harbour, which they did. This is a sand bank in the narrow estuary of the River Ouse, covered by the tide at high water but uncovered at other times when it is enjoyed by holiday-makers as a sandy beach. This narrow estuary is the harbour for the Newhaven–Le Havre international car and passenger ferry traffic, belonging to Newhaven Port and Properties Ltd (NPP) as harbour authority.

NPP objected that any such registration would “fetter” their powers to manage, repair, alter and improve the harbour, eg in the likely event of having to partially reconstruct the breakwater on the western side of the estuary (work which will be needed in the not too distant future). West Beach is situated against the breakwater, from which steps lead

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll