Had HCC been planning to pervert the course of justice?

THE BATTLE FOR BROXHEAD COMMON. Had HCC been planning to pervert the course of justice?


The Battle for Broxhead Common – 2 The Case for Hampshire County Council – Fact and/or Fiction So, I hear you ask, what went wrong? The Commoners had won their case both in the High Court and Court of Appeal. The neighbouring Parishes of Kingsley and Headley had all objected to the proposal that the fences around the 80 acres should remain. So, what happened next?

There is nothing in the Parish Minutes to record what happened next except that a great number of individuals were asking why the fencing remained. Not least of all the Broxhead Commoners. The BCA had raised large sums of public money by donation to pay for lawyers to fight for their cause. Hampshire County Council had agreed to pay half.
Broxhead ROW Sub 9th Jan 1976 share expenses

Despite the negative responses to the letter from the County Secretary dated 13th September 1977 (See Part 1), and the report of HCC’s own Conservation Officer on 12th January 1978, on:
HCC Jim White report24082020

20th April 1978, Rights of Way Sub-Committee minutes of HCC record that an overall settlement of the dispute was being negotiated and HCC would lease the unfarmed area of Broxhead Common under the Wildlife and Countryside Act 1949. This was just one month before the Court of Appeal hearing. !!
Broxhead Common ROW Comm 20.4.78

24th May 1978, The date of the Court of Appeal hearing. By this time, the Broxhead Commoners are now weary and financially embarrassed after fifteen years of fighting for their common. They know they have made their case and won it, so they decide to leave it to HCC to attend after all Mr Connell and Mrs Cooke, both commoners, will be there.

The hearing at the Court of Appeal is dismissed on the terms of the Schedule, that is the agreement the parties have come to for the dismissal of the case from out of that court. Had HCC been planning to pervert the course of justice?

Next time: 22nd June 1978 Report of the County Secretary to the Lands Sub-Committee