Case details

T W Logistics Ltd (Appellant) v Essex County Council & another (Respondents)

Case ID: UKSC 2018/0234

Case summary

Issue(s)

How does the legislation prohibiting various activities on town or village greens interact with the registration regime, given the rule that the public’s activities on the land before registration may co-exist with those of the landowner, and must do after registration.

Facts

The Council has registered part of the Port of Mistley, owned by TWL, as a Town or Village Green. By the Commons Act 2006, land is registrable as a town or village green if it is land on which significant number of the inhabitants of any locality… have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years… . TWL challenges the registration, arguing that its effect would be to criminalise many of its activities in operating the Port.

Judgment appealed

[2018] EWCA Civ 2172

Parties

Appellant(s)

T W Logistics Ltd

Respondent(s)

Essex County Council; Ian James Tucker

Appeal

Justices

Lord Reed, Lord Kerr, Lady Black, Lord Briggs, Lord Kitchin

Hearing start date

01 Apr 2020

Hearing finish date

02 Apr 2020