Norman & Anor v Secretary of State for Environment, Food & Rural Affairs [2007] EWCA Civ 334 (08 March 2007)

Norman & Anor v Secretary of State for Environment, Food & Rural Affairs [2007] EWCA Civ 334 (08 March 2007)

The inspector erred in law by failing to properly consider and make findings on the substance of the landowner's evidence of intention not to dedicate, instead wrongly requiring contemporaneous or authenticated evidence; this was a flawed approach inconsistent with the correct legal test under section 31(1) of the Highways Act 1980 as clarified in Godmanchester.

Citation
[2007] EWCA Civ 334
Parties
Claimants / Respondents: Norman & Anr; Defendant / Appellant: Secretary of State for Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
08 March 2007
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Public Rights of Way, Dedication of Highways, Statutory Judicial Review, Wildlife and Countryside Act 1981, Highways Act 1980
Administrative Law Property Law Public Rights of Way Dedication of Highways Statutory Judicial Review Wildlife and Countryside Act 1981 Highways Act 1980

Case Brief

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Parties

Norman & Anr

Claimants / Respondents

Secretary of State for Environment, Food and Rural Affairs

Defendant / Appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the inspector erred in law in his approach to the evidence of intention not to dedicate a public right of way under section 31(1) of the Highways Act 1980
  2. 2 Whether the inspector failed to properly consider the landowner's evidence as required by law

Ratio Decidendi

The inspector erred in law by failing to properly consider and make findings on the substance of the landowner's evidence of intention not to dedicate, instead wrongly requiring contemporaneous or authenticated evidence; this was a flawed approach inconsistent with the correct legal test under section 31(1) of the Highways Act 1980 as clarified in Godmanchester.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of Collins J quashing the modification order stands