May 15, 2009
Injunction application hit for six
Judge allows cricket to continue on village green
Shamley Green Cricket Club is free to continue playing cricket on its village green pitch after HHJ Reid QC, sitting in the Guildford County Court, dismissed an application for an injunction on Friday.
The applicant, Mr Mike Burgess, who has lived in the village since 2005 and whose house is situated on the edge of the village green complained that stray cricket balls posed a risk to his house and other residents. He told the Court that the fifteen foot nets that the club put up outside his house for games, which took place on the green around 10 to 15 times a year, were insufficient to stop some balls hitting his house.
The club told the Court that cricket had been played on the village green for 169 years and even went on during the Second World War. It said that it took steps to ensure that cricket was played responsibly and paid for any damage caused. It said that it knew of no recorded injuries in living memory from stray balls.
HHJ Reid QC dismissed the application for an interim injunction and ordered Mr Burgess to pay the costs of the hearing. The Judge also made directions for the future conduct of the action.