Fernlee Estates Ltd v City & County Of Swansea & Anor [2001] EWHC Admin 360 (18th May, 2001)

Fernlee Estates Ltd v City & County Of Swansea & Anor [2001] EWHC Admin 360 (18th May, 2001)

The inspector was entitled to find that the route was used by the public without interruption for 20 years and that there was no sufficient evidence of an intention not to dedicate by either landowner; the appeal fails. On costs, the claimant must pay the National Assembly's costs and two-thirds of the Council's costs, as there was no conflict of interest justifying two full sets of costs.

Citation
[2001] EWHC Admin 360
Parties
Claimant: Fernlee Estates Limited; First Defendant: City & County of Swansea; Second Defendant: The National Assembly for Wales
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Statutory Appeal / High Court Judgment and Post Judgment Applications
Outcome
Appeal dismissed; permission to appeal refused; costs order made against claimant.
Legal Topics
Definitive Map Modification Orders, Public Rights of Way, Presumed Dedication, Costs in Judicial Review, Intention to Dedicate, Interruption of Use
Administrative Law Planning Law Property Law Definitive Map Modification Orders Public Rights of Way Presumed Dedication Costs in Judicial Review Intention to Dedicate +1 more

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Parties

Fernlee Estates Limited

Claimant

City & County of Swansea

First Defendant

The National Assembly for Wales

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / High Court Judgment and Post Judgment Applications

Legal Issues

  1. 1 Whether the inspector erred in confirming a definitive map modification order adding a bridleway based on presumed dedication under s.31 Highways Act 1980
  2. 2 Whether the route was used by the public without interruption for 20 years
  3. 3 Whether there was sufficient evidence of no intention to dedicate by landowners

Ratio Decidendi

The inspector was entitled to find that the route was used by the public without interruption for 20 years and that there was no sufficient evidence of an intention not to dedicate by either landowner; the appeal fails. On costs, the claimant must pay the National Assembly's costs and two-thirds of the Council's costs, as there was no conflict of interest justifying two full sets of costs.

Court Disposition

Appeal dismissed; permission to appeal refused; costs order made against claimant.

Orders

  • Claimant to pay the National Assembly for Wales' costs in full.
  • Claimant to pay two-thirds of the City & County of Swansea's costs.