Moore & Anor v The Secretary Of State For The Environment, Food & Rural Affairs & Ors [2025] EWHC 3313 (Admin) (17 December 2025)
The Inspector lawfully found an irreconcilable conflict between the Definitive Map and Statement by applying the correct legal principles and focusing on the reasonable interpretation of the documents in light of the physical circumstances at the relevant date. The Inspector did not unlawfully rely on extrinsic evidence in making this finding, nor did she fail to consider material expert evidence or breach procedural fairness. The statutory challenge is dismissed.
- Citation
- [2025] EWHC 3313 (Admin)
- Parties
- Claimant: David Moore; Claimant: Dawn Moore; First Defendant: Secretary of State for the Environment, Food & Rural Affairs; Second Defendant: Hertfordshire County Council; Third Defendant: Anthony Barrett
- Jurisdiction
- England and Wales
- Judgment Date
- 17 December 2025
- Procedural Posture
- Statutory Challenge Under Paragraph 12, Schedule 15 Wildlife and Countryside Act 1981 / High Court Judgment After Full Hearing
- Outcome
- Claim dismissed
- Legal Topics
- Definitive Map and Statement Modification, Wildlife and Countryside Act 1981, Interpretation of Statutory Documents, Procedural Fairness, Judicial Review Standards
Case Brief
Summary, issues, holding and outcome
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Parties
David Moore
Claimant
Dawn Moore
Claimant
Secretary of State for the Environment, Food & Rural Affairs
First Defendant
Hertfordshire County Council
Second Defendant
Anthony Barrett
Third Defendant
Procedural Posture
Statutory Challenge Under Paragraph 12, Schedule 15 Wildlife and Countryside Act 1981 / High Court Judgment After Full Hearing
Legal Issues
- 1 Whether the Inspector lawfully found an irreconcilable conflict between the Definitive Map and Statement justifying modification of the public bridleway route
- 2 Whether the Inspector erred in law by relying on extrinsic evidence or failing to consider material evidence
- 3 Whether the Inspector breached procedural fairness in her findings regarding the bridleway alignment
Ratio Decidendi
The Inspector lawfully found an irreconcilable conflict between the Definitive Map and Statement by applying the correct legal principles and focusing on the reasonable interpretation of the documents in light of the physical circumstances at the relevant date. The Inspector did not unlawfully rely on extrinsic evidence in making this finding, nor did she fail to consider material expert evidence or breach procedural fairness. The statutory challenge is dismissed.
Court Disposition
Claim dismissed
Orders
- Statutory challenge dismissed; Order of the Inspector confirming the modification of the Definitive Map and Statement stands.
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