In this festive edition of the Six Pump Court Regulatory Podcast, Doug Scott is joined by barrister Jemima Lovatt to talk about the protection of common land and open spaces – because, as Doug points out, if we lose our open spaces, where exactly are Rudolph and the reindeers supposed to land?

Setting (tenuous) links to Christmas aside, Doug and Jemima take a deep dive into the environmental and public law frameworks governing commons, exploring why these landscapes sit at such a legally and politically contested intersection of private property, public access and environmental protection. The conversation centres on the Supreme Court’s decision in Darwall v Dartmoor National Park Authority, unpacking what it really means for wild camping, open-air recreation and the limits of landowners’ control.

They discuss how regulators (mainly park authorities) should respond in practice, the role of byelaws in managing behaviour without unlawfully restricting access, and why organisations like the Open Spaces Society play an important role in guarding against the incremental loss of shared land. The episode also briefly looks ahead to the emerging idea of “rights of nature” and whether English law may eventually be pushed to rethink how it values land held for collective benefit.