Torts (23rd Ed.) §§18-01,18-08 [AB/257]). One who has a right of entry upon another's land and acts in excess of that right, also commits trespass (Cambridge City Council v Traditional Cambridge Tours Ltd [2018] LLR 458 [AB/47]). (23 rd Ed.) §§18-01, 18-08 [AB/257] ). One who has a right of entry upon another’s land and acts in excess of that right, also commits trespass ( Cambridge City Council v Traditional Cambridge Tours Ltd [2018] LLR 458 [AB/47] ).
v. Rights in the land on the Epsom Downs and rights of access thereto
16. Members of the public are granted limited rights of access over the Epsom Downs under the Epsom and Walton Downs Regulation Act 1984 Act ("the Act") [AB/215], and in accordance with the Byelaws made by The Epsom & Walton Downs Conservators on 18 October 2005 ("the Byelaws") [AB/249].4 17. Section 4 of the Act grants the public the "right ofaccessfor air and exercise on foot over the Downs". It clearly states, however, that "nothing in this section shall authorise any interference with ... any ... rights conferred upon the Company ... by this Act." 18. It is the Applicant's right (as "The Company" under the Act) to hold and conduct horse races at "Authorised Meetings" on the Epsom Downs on up to 16 days in a year (more commonly referred to as "Racing Fixtures": s. 14). 19. Section 17 of the Act provides that the Applicant may hold Racing Fixtures "notwithstanding anything contained in this Act or in any byelaws made under this Act". Pursuant to s. 17, the Applicant may: “ notwithstanding anything contained in this Act or in any byelaws made under this Act ”. (1) On the day of a Racing Fixture, control access over the Downs to a broad area of land encompassing the Epsom Racecourse ("the Relevant Area")5, and to the paddock, more commonly known as the "Parade Ring" (s. 17(3)); land encompassing the Epsom Racecourse (“ the Relevant Area ”) 5 , and to the paddock, more commonly known as the “ Parade Ring ” (s. 17(3)); under the Epsom and Walton Downs Regulation Act 1984 Act (“ the Act ”) [AB/215] , Conservators on 18 October 2005 (“ the Byelaws ”) [AB/249] . 4 17. Section 4 of the Act grants the public the “ right of access for air and exercise on foot over the Downs ”. It clearly states, however, that “ nothing in this section shall authorise any interference with … any … rights conferred upon the Company … by this Act.” 18. It is the Applicant’s right (as “ The Company ” under the Act) to hold and conduct horse races at “ Authorised Meetings” on the Epsom Downs on up to 16 days in a year (more commonly referred to as “ Racing Fixtures ”: s. 14).
The Conservators were incorporated under the Epsom and Walton Downs Regulation Act 1936 with powers to regulate, preserve and control the Epsom and Walton Downs. The 1936 Act was repealed but the Conservators' powers retained. The Applicant is a Conservator, holding 3 of 10 places [Truesdale (DB/30) §19]. The Relevant Area is referred to in the Act and the Byelaws as the "Race Course", by reference to markings on a "deposited map" produced with the legislation. This should not be confused with the area constituting the "Epsom Racecourse", marked within the red line on the Plan. For these purposes, it is sufficient to note that the Relevant Area includes the Epsom Racecourse. The Relevant Area is referred to in the Act and the Byelaws as the “Race Course”, by reference to markings on a “deposited map” produced with the legislation. This should not be confused with the area constituting the “Epsom Racecourse”, marked within the red line on the Plan. For these repealed but the Conservators’ powers retained. The Applicant is a Conservator, holding 3 of 10 places [Truesdale (DB/30) §19] .
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