Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs & Anor [2012] EWHC 1976 (Admin) (19 July 2012)

Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs & Anor [2012] EWHC 1976 (Admin) (19 July 2012)

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 public accessibility as of right.

Citation
[2012] EWHC 1976 (Admin)
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 / High Court Judgment
Outcome
Claim allowed; order quashed
Legal Topics
Public Rights of Way, Highways, Dedication of Highways, Wildlife and Countryside Act 1981, Highways Act 1980
Administrative Law Property Law Public Rights of Way Highways Dedication of Highways Wildlife and Countryside Act 1981 Highways Act 1980

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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 / High Court Judgment

Legal Issues

  1. 1 Whether a way not connected to another public highway or land to which the public has a right of access can be a public highway at common law or under section 31 of the Highways Act 1980.

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 public accessibility as of right.

Court Disposition

Claim allowed; order quashed

Orders

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