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Commisioners for England v Hampshire County Council & Barbara Guthrie [2014 ] EWCA Civ 634

DATE: 14 May 2014

The Court of Appeal held that the regulations governing applications for registration of village greens provided a means of curing defects in the application by giving the applicant a reasonable opportunity to put the application in order. Once the application is in order it is to be treated as having retrospective effect and made at the time when the original defective application had been lodged. Determining what amounted to a reasonable opportunity was a question of law for the court rather than for the registration authority.

The County Council as registration authority were correct to allow the Applicant an opportunity to put her application in order, however the Church Commissioners’ appeal was allowed (Vos LJ dissenting) on the basis that the time allowed went beyond a reasonable opportunity.

John Hobson QC appeared on behalf of the County Council