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20 June 2014
Issue: 7611 / Categories: Case law , Law digest , In Court
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Commons

R (on the application of Church Commissioners for England) v Hampshire County Council and another [2014] EWCA Civ 634, [2014] All ER (D) 60 (Jun)

If an application did not comply with the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 (SI 2007/457), reg 5(4) enabled the registration authority to reject it without going through the procedure of giving notice to the landowner and others. But if the registration authority thought that the applicant could correct the errors, it could give him a reasonable opportunity to do so. If within the reasonable opportunity so given the applicant corrected the errors, the original application had full force and effect and therefore the Regulation had to be retrospective. Accordingly, reg 5(4) of the Regulations provided a means for curing deficiencies in an application which did not provide all the statutory particulars, and, once an application was so cured, it was treated as duly made on the date on which the original defective application had been lodged. 

 

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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