header-logo header-logo

Commons registration

15 April 2010
Issue: 7413 / Categories: Case law , Law digest
printer mail-detail

R (on the application of Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and another) v Oxfordshire County Council [2010] EWHC 530 (Admin), [2010] All ER (D) 249 (Mar)

The following principles could be derived from the authorities concerning the correct approach to deciding whether a particular notice had rendered the use of a particular land contentious:

(i) the fundamental question was what the notice conveyed to the user; (ii) evidence of the actual response to the notice by the actual users was thus relevant to the question of actual knowledge and might also be relevant as to the putative knowledge of the reasonable user; (iii) the nature and content of the notice, and its effect, had to be examined in context; (iv) the notice should be read in a common sense and not legalistic way; and (v) if it was suggested that the owner should have done something more than erect the actual notice, whether in terms of a different notice or some other act, the court should consider whether anything more would have been proportionate to the user in question.

Further: (vi) where the issue

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll