There can be no common law right in the public or customary right in the inhabitants of a particular place to stray over an open space or to remain on that space for such purposes as they may think proper, that is to say, no 'jus spatiandi vel manendi'1, as distinct from the proper customary use of village or town greens2.
The only common law right of the kind which can be claimed by the public is to pass and repass from one point to another across an open space
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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