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19 February 2016 / Mark West
Issue: 7687 / Categories: Features , Property
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A sporting chance

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Is there a right to use sporting & recreational facilities, asks Mark West

In Re Ellenborough Park [1956] Ch 131, [1955] 3 All ER 667, the Court of Appeal had held that the right to use an open space, comparable with the garden of a London square, as a communal garden was an easement known to the law. But could there by the same token be an easement to use sporting or other recreational facility (say) a golf course, a swimming pool or a tennis court? That was the question which came before HH Judge Purle QC in Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Anor [2015] EWHC 3564 (Ch), [2015] All ER (D) 101 (Dec).

The facts of the case

Regency Villas Title Ltd, the first claimant, was the freehold owner of Elham House, Canterbury. Twenty-six timeshare units, known as the Regency Villas, had been built on the land, 2 in the former Elham House and 24 in the grounds, each accommodating up to six people. The litigation concerned what were alleged to be easements enjoyed by the

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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