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Words: 3,884 | Submitted: Mon Apr 28 2008
... as the ensuing amendments to it and relevant case law. I believe that the 'debate' mentioned in the title statement involves the interpretation of the Commons Registration Act 1965 legislation, specifically regarding type 'c' village greens and their definition. However, I contend that the 'debate' does not begin at the case of Sunningwell1 but arguably began at the conception of the 1965 legislation, as it is the legislation itself that is under scrutiny within the courts. Furthermore, to say that the 'debate' was resolved by the case of Oxfordshire, or the 'trap grounds' as mentioned above, is premature, as there remains aspects of the village green legislation under scrutiny, which I will outline later in this essay. The phraseology adopted within the 1965 Act regarding class 'c' village greens lends itself to scrutiny because of the unclear nature of its vocabulary. The need for amendment to the Commons Registration Act 1965 was ...
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