2 ¾ Cheers for a great victory
The House of Lords today announced a decision in favour of the residents of the Newtown, Newbury.
Lord Scott of Foscote stated that the if the appellants can "satisfy your Lordships that Hanning is wrong, they can establish their respective rights of access over the common without having to rely on section 68 or to pay Bakewell anything". It appears that they could!
The final opinions of the Law Lords agreed that the "decision in Hanning (Hanning v Top Deck Travel Group, 1993 - case law used to justify the charges levied for access to manorial waste) took the law...in a wrong direction". They have set aside the order of the Court ogf Appeal 30/01/03 and awarded costs to Brandwood.
Paul Flynn said (01/04/04) "It is great news that the Law Lords have found in favour of the villagers from Newtown, Newbury and Peterstone, Wentlooge. The main group of people are no longer liable to extortion from Mark Roberts as a result of this decision.
The campaign must continue. There are a small number who have already paid, or who are not covered by today’s decision that will need the support of the campaigning committee.
This is a great victory for justice, common sense and a defeat of the parasites who sought to grow fat from a loophole in the law."
The full text of the judgment can be found at http://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040401/bake-1.htm