Commons: Court cases - Commons

We publish a commentary for most decisions in the courts about commons cases. You can find a list of these cases below, together with a link to our commentary or to a report of the case on the website of the British and Irish Legal Information Institute where available.

Case listing and analysis

2022 to date

  • Barking Tye common

    The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs

    High court 2022 

    Open Spaces Society commentary

    Key issues: The Open Spaces Society challenged in the high court the decision of an inspector to allow an application for works on common land, claiming that he had not followed government policy and should have required the applicant to explain why it could not adopt an alternative less harmful solution. The claim was dismissed but the judge gave some valuable policy guidance.