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14 March 2014 / Keith Davies
Issue: 7598 / Categories: Features
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Turning of the tide

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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

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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