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Says Naomi Smith

Says Naomi SmithIt is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more

Broxhead Common

Maureen Comber to appeal to High Court

Says Maureen Comber

Says Maureen ComberI have attached my appeal to the GRC 1st tier tribunal of HM Courts.

Very disappointing as they have chosen not to believe me!! Why on earth they should think I would ask for any more information on Broxhead when it took me nine months to get a response to my letter to them in the first place?. Also they have used the Dransfield Case which they were warned they should not do. Judge Wikeley wisely points out that "There is, however, no magic formula – all the circumstances need to be considered in reaching what is ultimately a value judgement as to whether the request in issue is vexatious in the sense of being a disproportionate, manifestly unjustified, inappropriate or improper use of FOIA and warns,

"However, I repeat that these are first instance decisions which do not carry the status of being legal precedents; in that sense they are not formally a source of case law, however persuasive they may be. They are fact-specific and it is axiomatic that one FTT decision cannot bind another FTT (Hampshire County Council v JP (SEN) [2010] AACR 15; [2009] UKUT 239 (AAC), at [15]). Second, as Judge Jacobs noted in Camden LBC v Information Commissioner [2012] UKUT 190 (AAC) at [20], the danger in this context of engaging in too close an analysis of previous FTT decisions is that "it can elevate issues of fact into issues of law or principle". However they have said that Broxhead needs to go to the High Court. Lets hope this matter will be put right there.

- Read the decision of the Information Commissioner

- Read Maureen Comber's comments

Tony Barnett writes to Maureen Comber

"Section 41 will get you the answers and result."

Says Tony Barnett

Says Tony BarnettThe reason why 41 is fundamental to this is because the defendants must disclose, the ICO is a government body, it will support the local government, look they have ignored the order from the last hearing.

You will be classed as vexatious because the defendants cannot give an answer without droping themselves in the mire, 41 will get you the answers and result.

Tony Barnett writes to the Information Commissioner

"May I submit that the documents held by the defendants have been gained outside of normal procedures, i therefore advise MC to apply for full disclosure "

Says Tony Barnett

Says Tony BarnettIt is mentioned in your correspondence that MC has gained first hand knowledge on the matters of common lands legislation, and that is true because I have guided MC in making her appeal.

Broxhead, is a Rural Common, it was registered as common land in 1965, as no owners that could be traced, the common was vested into the local authority for protecion of registered rights and for public access from all points of view,fact!

How then can there be an owner?

Commons registration act 1965- persons claiming to be or found to be owners of such land or becoming the owers thereof by virtue of this act-section 4(1) ; subject to the provisions of this section, a registration authority shall register any land as common land or a town or a village green or, as the case may be any rights of common over or ownership of such land, on application duly made to it and accompanied by such declaration and such other documents (if any) as may be prescribed for the purpose of verification or of proving compliance with any prescribed conditions.

No such procedure has been complied with and cannot be complied with, that is, a point of law.

Point of law also to be taken into consideration for another appeal'section 9;where the registration under section 4 of this act of any land as common land has become final but no person is registered under this act or the landd registration acts 1925 and 1936 as the owner of the land (demesne lands of a lordships estate),then, until the land is vested under any provision hereafter made by Parliament, any local authority in whose area the land is or part of the land is situated may take steps for the protection of the land against unlawful interference as could be taken by an owner in possession of the land and may ( wqithout prejudice to any power exercisable apart from this section) institute procedings for any offence committed in respect of the land, section 10 is matters conclusive of matters registered.

May I submit that the documents held by the defendants have been gaind outside of normal procedures, i therefore advise MC to apply for full disclosure, if not successful, then to make out a part 8 claim under section 41 for all of the works removed and the land reinstated.

Says Linda Wright

Says Linda WrightWe moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more

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