Supreme Court Rules in Village Green Case
The Supreme Court has today given judgment in the case of Adamson v Paddico (267) Limited and others and a second appeal which deals with the same point. The Court had to decide what was the relevance of a period of delay between the erroneous registration of land as a Village Green and the making of an application for rectification of the register by the removal of the wrong entry, pursuant to section 14 of the Commons Registration Act 1965, by the removal of the wrong entry. The Court has held that in the ordinary course of events delay will not, of itself be fatal to an application to rectify the register and that Courts should consider whether there is evidence to show that anybody has truly been prejudiced by the delay.
Martin Carter appeared for the Intervener in the case, George Haigh and Co. Limited, and argued in support of the Appellant’s contention that the Court of Appeal had gone wrong in principle when it allowed Mr Adamson’s appeal. The Appellant’s and Intervener’s arguments held sway and the Supreme Court allowed the appeal against the Court of Appeal’s decision.
The judgment can be read here