Devine & Anor v Welsh Ministers [2011] EWCA Civ 1328 (29 June 2011)
The inspector's decision was coherent and internally consistent, with no material error in his assessment of the evidence regarding fencing or the weight given to the 1987 map; thus, the judge erred in quashing the inspector's decision.
- Citation
- [2011] EWCA Civ 1328
- Parties
- Respondents: Devine & Anr; Appellants: Welsh Ministers
- Jurisdiction
- England and Wales
- Judgment Date
- 29 June 2011
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment on Appeal From Cardiff Civil Justice Centre
- Outcome
- Appeal allowed
- Legal Topics
- Public Rights of Way, Statutory Dedication of Highways, Judicial Review of Inspector Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
Devine & Anr
Respondents
Welsh Ministers
Appellants
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Cardiff Civil Justice Centre
Legal Issues
- 1 Whether the inspector erred in law in his assessment of evidence regarding the existence of fencing across the Order route during the relevant period for statutory dedication of a public footpath.
- 2 Whether the inspector unreasonably failed to take account of a 1987 map produced by Llantrisant Community Council.
Ratio Decidendi
The inspector's decision was coherent and internally consistent, with no material error in his assessment of the evidence regarding fencing or the weight given to the 1987 map; thus, the judge erred in quashing the inspector's decision.
Court Disposition
Appeal allowed
Orders
- Inspector's decision reinstated
- Order of Beatson J quashing the inspector's decision set aside
Full Case Text
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