Wild v Secretary of State for Environment, Food and Rural Affairs & Ors [2008] EWHC 3461 (Admin) (1 December 2008)

Wild v Secretary of State for Environment, Food and Rural Affairs & Ors [2008] EWHC 3461 (Admin) (1 December 2008)

The inspector was entitled to consider all relevant evidence of use, including use prior to 1978, for the purposes of inferring dedication at common law. The absence of landowner action to rebut dedication until the 1990s supported the inference of dedication. The inspector made no legal error in confirming the order.

Citation
[2008] EWHC 3461 (Admin)
Parties
Claimant: James Wild; First Defendant: Secretary of State for Environment, Food and Rural Affairs; Second Defendant: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
01 December 2008
Procedural Posture
Judicial Review / High Court Judgment on Application to Quash Order
Outcome
Application dismissed
Legal Topics
Public Rights of Way, Dedication of Highways, Wildlife and Countryside Act 1981, Highways Act 1980, Judicial Review
Administrative Law Property Law Public Rights of Way Dedication of Highways Wildlife and Countryside Act 1981 Highways Act 1980 Judicial Review

Case Brief

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Parties

James Wild

Claimant

Secretary of State for Environment, Food and Rural Affairs

First Defendant

Dorset County Council

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment on Application to Quash Order

Legal Issues

  1. 1 Whether the inspector erred in law in confirming the addition of a footpath to the definitive map as a public right of way under common law and statutory dedication principles
  2. 2 Whether use of the path prior to 1978 could be considered in inferring dedication at common law

Ratio Decidendi

The inspector was entitled to consider all relevant evidence of use, including use prior to 1978, for the purposes of inferring dedication at common law. The absence of landowner action to rebut dedication until the 1990s supported the inference of dedication. The inspector made no legal error in confirming the order.

Court Disposition

Application dismissed

Orders

  • Claimant to pay Secretary of State's costs summarily assessed at £5,833.53
  • Permission to appeal refused