[2013]3 AII ER 661-756

Part 914 August 2013

TheAII EnglandLaw Reports

Dayv Day- Deed - Rectification - Vo/untary settlement CA 661

Pollen Estate Trustee Company Ltd vRevenue and Customs Comrs- Stamp duty land tax - Re/ief - Charities relief CA 742

R (on the application ofNewhaven Port and Properties Ltd)v East Sussex County Council- Commons - Registration - Town or village green CA 677

R (on the application ofNewhaven Port and Properties Ltd)v East Sus sex County Council (No 2)- Commons - Registration - Town or village green CA 719

.. l.exisblexis- Editor Karen WiddicombeManaging Editor Rakesh RajaniTechnical Editors Catherine Bayliss

Anne-Marie ForkerRukhsana Hasnain

Solicitor (non-practising)BarristerLLB, Dip LPLLB (QUB), LLMLLB, Dip LP

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Al! England Law Reports 14 August 2013

Digest of cases included in this partCOMMONS

Registration - Town or village green - User as of right - Whether tidal beach capableof registration as town or village green - Whether area sufficiently certain - Whetheruser for lawful sports and pastimes as of right - Effect of port authority's statutorypowers and duties

R (on the application of Newhaven Port and Properties Ltd)v East Sussex County Council . . CA 677

Registration - Town or village green - Whether statutory provisions on registration oftown or village green compatible with Convention rights

R (on the application of Newhaven Port and Properties Ltd)v East Sussex County Council (No 2)....... .. ... CA 719

DEED

Rectification - Legal and beneficial owner conveying property to herself and her sonas beneficial joint tenants and mortgaging property- Mortgage for benefit of son -Owner acting by her attorney - Attorney appointed under general power - Mortgagemoneys repaid - Owner's will directing sale of property and share of proceeds amongher children - Owner dying and property passing to son by survivorship - Whetherremedy of rectification available

Dayv Day CA 661

STAMP DUTY LAND TAX

Relief - Charities relief - Interest in land acquired by bare trustee on behalf of charityand other non-charitable joint purchaser - Whether partial relief from stamp duty landtax available

Pollen Estate Trustee Company Ltd v Revenue and Customs Comrs CA 742

The table of cases reported for parts 7 to 9 and the noter-up for this part appear inside the back cover.

CA

a Daya[

b COURT OF APPEAL, CIVIL 0

SIR TERENCE ETHERTON C, '

21 FEBRUARY, 27 MARCH 2013

Deed - Rectification - Volbeneficial owner conveying p1i

C aná mortgaging property - M- Attorney appointed under ~directing sale of property andproperty passing to son by su

d D owned and lived in hergeneral power of attorneyconveyance as D's attorney(the respondent) to be heldas attorney for D, executedproperty to secure an adv

e The mortgage was subseqwill in which she appointethe property be sold and I

equally. She died in Decebeneficial joint tenant, T 1l

f property by survivorship. Jof the June 1985 conveyanand T on trust for D absoreason for the transactionfound that in the case of reintention of the settlor wwould be whether the co

g concluded that D had notvested a beneficial interestthe conveyance he wouldhowever, that any right tconveyance had been exe

h holding '[tjhere is no eviabout the proposed transaarranged by [T]... Therexecuting the general poconvenience since she waproceed with raising mone

j It is not suggested that tinvalid. Accordingly... [Conveyance on [D's] behthat he was under any misaConveyance. There is noinstructions received from