June 28th, 2023 by lawrence

In RUSHMER v CENTRAL BEDFORDSHIRE COUNCIL (2023) EWHC 1341 (Ch) the Council was responsible, under the Commons Registration Act 1965 ( the 1965 Act ), for maintaining a Common Land Register for its area. The High Court made declarations as to the reliability of a photocopy Register entry and which map was the one adopted for the Register. The Court did not have power to correct or clarify the Register, but it did have power, outside administrative law processes, to identify the Register and restore to the public record the true decision that the commons registration authority had made. This was in order to provide certainty and was not prevented by Section 10 of the 1965 Act.

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