April 26th, 2024 by James Goudie KC

In R ( STRACK ) v SoS ( 2024 ) EWCA Civ 420 the issue was whether an Inspector determining an application to deregister part of a Village Green and exchange adjacent land under section 16 of The Commons Act 2006 fell into error by wrongly conflating ( 1) the rights of those with legal rights of recreation over the Village Green with ( 2 ) the interests of those local inhabitants who had no such rights.  It was found that the Inspector had not erred. Both those rights and those interests were relevant considerations to which regard must be had. The weight given to each of these interests is a matter of judgment for the decision-maker in each case.

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