R (Day) v Shropshire Council (heard 7th December 2022) – UKSCBlog
In this post, Mathew Purchase KC of Matrix Chambers previews the forthcoming judgment in the case of R (Day) v Shropshire Council, on appeal from [2020] EWCA Civ 1751.
background
Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.
Under the Local Government Act 1972 (‘the 1972 Act’), the town council was permitted to dispose