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12 and 13 together he observed that the word „holds“ in those sections means holding by legal title. Two years later in Nelder v Director of Public Prosecutions The Times, 11 June 1998, BAILII: [1998] EWHC Admin 602 a different Divisional Court considered the case of hunt saboteurs who set out nrilegalservices.me to disrupt a hunt. (2), this Court considered the meaning of the word (1) A. (as he then was ) speaking for the Court observed that the expression „holds“ includes a two-fold idea of the actual possession of a thing and also of being invested with a legal title though some times it is used only to mean actual possession.
Section 1(2)(a) provides that „no land capable of being registered under this Act shall be deemed to be . Two other cases give some assistance on the question of whether any criminal offence committed by the occupants has the effect of making the activity unlawful. In this case the relevant part of section 68 was the concluding words of section 68(2), trespassing occupants rather than occupants committing a criminal offence, but the two limitations upon the concept of lawful activity are clearly in similar case.
They adduced evidence that at the outset of the hunt, two whippers-in had strayed from the land over which the hunt had permission to ride and had taken the hounds onto adjacent land where they had no such permission. This meant that the rights of local inhabitants over such ancient but unregistered greens were extinguished. However, the Act contemplated the possibility of land becoming a town or village green in the future. Until 1888, there was no express statutory limitation period applicable to claims in equity.
The „activity“ of the occupants could not be defined simply to extend to the actions of the particular chainsaw operator(s) spotted. However, as Lord Redesdale LC (Ireland) explained in Hovenden v Lord Annesley (1806) 2 Sch & Lef 607, 632, the Courts of Equity took the view that „wherever the legislature has limited a period for law proceedings, equity nrilegalservices will, http://nrilegalservices.me in analogous cases, consider the equitable rights, as bound by the same limitation“.
Simon Brown LJ offered the suggestion that it might have been otherwise if either the hunt’s „central objective“ had been to hunt over land where it had no authority to be, or the defendants had confined their disruption to activity by the strayers. The agent continued to be fraudulent after he was appointed. The trespassing defendants had actively disrupted the actions of all the hunt, not confined to the strayers, and had continued to do so after the latter had rejoined the main body of hunters.
a town or village green unless it is so registered“ by the deadline prescribed by the Minister, which was 31 July 1970. He added that the Courts of Equity also proceeded on the basis that „trust and fraud are not within the statute“ – ie that there was no „virtual enact[ment]“, to use his language at nrilegalservices 631, which applied to claims for breach of trust or www.nrilegalservices.me claims based on fraud. Regulations under section 13(b) could and did provide for registers to be amended where „any land becomes .
„The misrepresentations were continuing representations intended to induce the other party to make the contract, and when that party made the contract to his detriment, a cause of action arose, and in my opinion it arose against both the agent and the principal. In Hibberd v Director of Public Prosecutions (unreported) 27 November 1996, BAILII: [1996] EWHC Admin 280 the Divisional Court was concerned with a trespasser who set out to stop the clearance of land for the construction of a new by-pass.
The court held that the fact that some few members of the hunt had acted unlawfully by trespassing on adjoining land did not affect the lawfulness of the activity which the defendants had disrupted. The principal purpose of the Commons Registration Act 1965 was, as its long title says, to provide for the registration of common land and of town and village greens. It was his duty, having made false representations, to correct them before the nrilegalservices.me other party acted on them to his detriment, but he continued to conceal the true facts.
a town or village green“ (emphasis supplied) (see the Commons Registration (New Land) Regulations, SI 1969 No 1843). He gave evidence that one or more of the tree-fellers was using a chainsaw but not wearing gloves and suggested that that raised the real possibility that he was committing an offence contrary to the Management of Health and Safety at Work Regulations 1992 (SI 1992/2051) in not using equipment provided for him by his employers.
That was lawful in the sense that it was properly authorised. Section 1(1)(a) requires that „land … which is … a town or village green“ be registered in accordance with the Act. Without investigating whether any such offence was or was not made out, the Divisional Court held that even if it had been it could not affect the lawful nature of the activity which the defendant had disrupted, namely the clearance of the site.
