TCHCC – PART 81

The Battle for Broxhead Common

Broxhead Common

Broxhead Common

The Case for Hampshire County Council – PART 81

To continue looking at the Judgement by the High Court from Brightman J on 24th March 1977.

  1. Page 13 paragraphs G, H, dismisses Mr Whitfield’s appeal so far as Mr Connell of Lindford Bridge House, is concerned.
    1977 High Court Judgement Brightman J 1977 Pages 10-25 23012016
  2. Page 14 paragraph A. begins examination of Mrs Cooke
  3. Page 18 paragraph F-H Brightman “the Commissioner erred in law in finding in her favour.”
  4. Page 19 paragraph A, the Appeal is dismissed. The failure of Mrs Cooke to make her case was, according to the Judge “rather ancillary and peripheral.
    The reason for this is explained on the next page.
  5. Page 20 paragraph A. Brightman “There was no appeal on the manorial part of the Cooke case,” to which Sir Frederick Corfield replies “That is correct.”
  6. Costs now become the issue.
  7. Page 21 paragraph F, the appellant to pay two thirds of the respondents costs.
    Paragraph H states it is more appropriate for the Commons Commissioner to make any alteration to the register.
Broxhead Common

Broxhead Common

Next time: to be continued: