Supreme Court refuses permission for appeal of ruling on deregistration of town and village greens

The Supreme Court has this month refused an application for permission to appeal against the Court of Appeal’s judgment in a dispute over the deregistration of town and village greens (TVGs).

Barristers’ chambers Francis Taylor Building said the decision in Strack On Behalf of the Woodcock Hill Village Green Committee, R (On the Application Of) v Laing Homes Ltd (t/a Taylor Wimpey) & Anor [2024] EWCA Civ 420 was the first at Court of Appeal level regarding the provisions in section 16 of the Commons Act 2006 which allow for deregistration of TVGs.

The set said: “Now that permission to appeal has been refused, that judgment, and the Inspector’s decision it concerns, both stand. The discussion of the nature of TVG rights at paragraph 45 onwards of the Court of Appeal’s decision in Strack will be of particular interest to practitioners.” 

Hugh Flanagan of FTB acted for the Secretary of State for Environment, Food and Rural Affairs in the Court of Appeal and the High Court. 

Douglas Edwards KC, also of FTB, acted for Taylor Wimpey at Inquiry for the deregistration of the TVG. He represented them as First Interested Party in the High Court and the Court of Appeal, leading Michael Rhimes of FTB. They were instructed by Jan Hebblethwaite and Richard Thurling of Gowling WLG.

See also: Deregistration of Town and Village Greens: Strack in the Court of Appeal – Hugh Flanagan, Douglas Edwards KC and Michael Rhimes analyse the judgment.