Janet Kentridge Blog pictureTwo recent decisions of the UKSC have considered the meaning of the phrase “as of right” in the Commons Act 2006,  s 15(4)(a). The first, handed down on 21 May 2014, was R (Barkas) v North Yorkshire County Council & Anor [2014] UKSC 31; the second was R (Newhaven Port and Properties Ltd) v East Sussex County Council & Anor [2015] UKSC 7, which was handed down on 25 February 2015.

Under s 15 of the 2006 Act (the relevant provisions of which are set out in the Newhaven Case Preview) any person may apply to register land as a town or village green where a significant number of local people have enjoyed lawful sports and pastimes on that land “as of right” for a period of at least 20 years. Continue reading »