Join the ALA

R (Smith) v The Land Registry and anor

Adverse possession – Land subject to public right of way – Whether adverse possession is sustainable without extinguishment of public’s rights

R (Arndale Properties Ltd.) v Worcester City Council

Planning (Listed Buildings and Conservation Areas) Act 1990, s.69 – Lawfulness of designation – Criteria to be considered

Welwyn Hatfield Council v Secretary of State for Communities and Local Government and anor

Town and Country Planning Act 1990, s.191 – Certificate of lawful existing use and development – ibid, s.171B – Erection of dwellinghouse in breach of planning permission – Relevant qualifying period
See now SC [2011] UKSC 15

Whitworth and ors v Secretary of State for Environment Food and Rural Affairs

Highways Act 1980, s.31 – Deemed dedication – Whether evidence supported recording as a restricted byway – Countryside Act 1968, s.30 – Use of bridleway by cyclists – Whether sufficient to support non-mechanically propelled vehicular use

Ashcroft v Barnsdale and ors

Inheritance tax – Deed of Variation – Mistake – Rectification

Ashdale Land and Property Company Ltd v Maiorello and ors

Right of way for agricultural purposes only – Trespass by dint of excessive user – Breach of injunction – Breach of planning control – Extent of remedy for repeated trespass – Order denying all access

Barnes v Secretary of State for Communities and Local Government and ors

Wind farm development – Disclosure of relevant information prior to public inquiry – Permission not stipulating size of turbines – Lawfulness of conditions – Need to consider safety – Balance between renewable energy needs and effects on landscape and local population

R (Smith) v The Land Registry and anor