The Battle for Broxhead Common
BW54 Nr Trottsford Farm
The Case for Hampshire County Council – PART 82
To continue to look at the crucial points in the Brightman judgement:
- PAGE 22, paragraph A & B, state Brightman has no jurisdiction to alter the register.
Hampshire County Council as Registration Authority are not present. They say they are not interested in the case stated and are represented by Mr Mills.
1977 High Court Judgement Brightman J 1977 Pages 10-25 23012016- Paragraph E explains the matter goes back to the Commissioner to either confirm the registration or not.
- Paragraph F, Judge makes no order to alter the register.
- PAGE 23, paragraph A. Costs are awarded with Mr Whitfield having to pay his own and two thirds to the appellant.
- Paragraph D, discussion on application for leave to appeal on costs.
- PAGE 24, paragraph B. In order to address the costs, one would have to raise other issues.
- Paragraph H – Brightman gives leave to appeal generally but advises that the Appeal Court would make very short work of it if they chose to go there
- So that is how the matter landed with the Court of Appeal who as predicted did make very short work of it. A matter we shall return to shortly.
BW54 Nr Trottsford Farm
Next time: The Parish Councils are not happy.