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COUNCIL FACES NEW COURT ACTION OVER PLANS TO CHARGE COMMON LAND HOME OWNERS FOR RIGHTS OF WAY TO THEIR PROPERTIES

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Surrey CC is to face new court action in the row over its moves to charge owners of properties on common land for r...
Surrey CC is to face new court action in the row over its moves to charge owners of properties on common land for rights of way over the common to their homes. The case is one with wide ranging implications for any home owners who access their homes over commons.

The appeal court has reversed earlier rulings by the high court that Elizabeth Barron whose home adjoins Chobham Common and who has been involved in lengthy litigation with the council, is not entitled to have other parties joined to her case and to have it heard as a representative action.

The high court ruled that the proceedings in respect of Elizabeth Barron had become 'academic' on the basis that the council has conceded her private law claim.

However, she sought to continue it on the ground that, although it was of academic interest to her, except as regards costs, the public law issue remained to be resolved and affected a large number of people.

Now the appeal court has agreed and has allowed her appeal against the earlier ruling. The appeal judges said that on the facts the matter was not academic and raised an important issue in respect of the council's stance which affected many people.

They took the view that the case could be viewed as a 'test case' and should not have been blocked in the way it was by the high court.

STRAND NEWS SERVICE

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