header-logo header-logo

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

Turning of the tide

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll