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In R (Barkas) v North Yorkshire County Council and Scarborough Council the High Court has upheld the decision of the local authority not to register a playing field, set out and maintained as a recreation ground under section 80 of the Housing Act 1936 (HA 1936), as a town or village green under the Commons Act 2006.
The application failed on the grounds that use of the field was “by right” and not “as of right”. The Court followed the obiter comments made in the House of Lords in R (Beresford) v Sunderland County Council [2003] UKHL 60 that use by virtue of a legal right is not use “as of right”.
The decision could therefore make land which has been laid out by local authorities under section 80 of the HA 1936 more attractive to developers, since entitlement to use the land under these sections will prevent registration of land as a town or village green under CA 2006.
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 is due to come into force on 4 May 2021. It’s a snappy title but what exactly is it?
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The Department for Business, Energy & Industrial Strategy has just launched its consultation on the future of subsidy control law (previously known as state aid) in the UK.
From 1 January 2021 the state aid principles set out in the Trade and Co-Operation Agreement are incorporated into law by the EU (Future Relationship) Act 2020.
On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
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