The Battle for Broxhead Common
Broxhead Common 2021
The Case for Hampshire County Council – PART 79
- June 1976, John Ellis contacts the members of Broxhead Commoners Association. He tells them that the 404 acres of Broxhead Common is now registered as common land and will remain so for all time (subject to appeal on points of law). However, following his objection to the Chief Commons Commissioner’s FINAL decision, which had initiated twelve days of Hearings in Winchester and London, Mr Whitfield had appealed again, this time to the High Court. BCA had chosen to continue the fight for their commoners rights.
1976, June JE to BCA re funding_000030 - 16th July 1976, two of the commoners, Captain B. Nicholson and Mrs G.B.E. Nicholson write a note to John Ellis to say that they note that Mr Whitfield is to appeal against the Chief Commons Commissioner’s decision regarding the register of Broxhead Common, but wondering why Broxhead Commoner’s have to incur further financial liability in trying to preserve their ancient rights when their potential gain is nil?
They obviously recognised that the Chief Commons Commissioner’s Land Decision could not be disturbed.
1976 July, Letter from Nicholson to JE_000027 - 30th October 1976. John Ellis writes a short note to the BCA telling them that Mr Whitfield’s hearing in the High Court, against the Chief Commons Commissioner’s decision is imminent and that Hampshire County Council is again to share the funding of the case. He also says that BCA, have paid off the deficit on their account entirely.
1976 October, JE to BCA re funding_000029 - 22nd November 1976 John Ellis writes to BCA members again to say that having started on 11th November 1976 and lasting three days, the case was postponed until 1977.
1976 Appeal at High Court postponed_000035
Broxhead Common 2021
Next time: The Judgement in the High Court