“It was not possible for the court to provide an all-embracing test of what constituted a ‘garden’ in the context of the Forestry Act 1967. To attempt to do so might impede the flexibility inherent in the statute by imposing too rigorous a straitjacket. In determining whether or not land constituted a garden, it was important to have regard to use of the land by the occupier as well as its appearance and condition.”
WLR Daily, 7th July 2008
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.