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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 concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.
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It was announced on 15 May 2019 that “more than 120 MPs have written to the government asking for an inquiry into how family courts in England and Wales treat victims of domestic violence.”
A tenant who does not want to be forced to complete a lease if an obligation in the agreement for lease is breached must provide expressly for this in the agreement.
Despite all of the media attention around Brexit, very little is being said about the effect of Brexit on the accounting and financial reporting requirements for businesses operating cross-border.
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