Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs & Anor

Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs & Anor

A way to which the public has no right of entry at either end or at any point along its length cannot be a public highway at common law or under section 31 of the Highways Act 1980, as it lacks the essential characteristic of a highway—public right of passage as of right. The Inspector erred in law in confirming the Footpath Order.

Parties
Claimant: Kumar Shamrao Kotegaonkar; First Defendant: The Secretary of State for Environment, Food and Rural Affairs; Second Defendant: Bury Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; Footpath Order quashed
Legal Topics
Public Highways, Dedication of Highways, Wildlife and Countryside Act 1981, Highways Act 1980, Statutory Interpretation
Administrative Law Property Law Public Highways Dedication of Highways Wildlife and Countryside Act 1981 Highways Act 1980 Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Kumar Shamrao Kotegaonkar

Claimant

The Secretary of State for Environment, Food and Rural Affairs

First Defendant

Bury Metropolitan Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a way not connected to another public highway or land to which the public have a right of access can itself be a public highway at common law or under section 31 of the Highways Act 1980
  2. 2 Whether the Inspector misdirected herself in law in confirming the Footpath Order

Ratio Decidendi

A way to which the public has no right of entry at either end or at any point along its length cannot be a public highway at common law or under section 31 of the Highways Act 1980, as it lacks the essential characteristic of a highway—public right of passage as of right. The Inspector erred in law in confirming the Footpath Order.

Court Disposition

Claim allowed; Footpath Order quashed

Orders

  • The Metropolitan Bury (Public Footpath Number 181, Bury) Order 2010 is quashed