Paton v Devon County Council & Anor [2013] EWHC 1539 (Admin) (16 January 2013)

Paton v Devon County Council & Anor [2013] EWHC 1539 (Admin) (16 January 2013)

The Recorder did not err in law; there was evidence upon which he was entitled to conclude that the path from B to C was not a highway maintainable at public expense, and that the public footpath ran from A to B and onwards, as supported by the 1950 definitive map and statement.

Citation
[2013] EWHC 1539 (Admin)
Parties
Claimant: Paton; First Defendant: Devon County Council; Second Defendant: Exeter Crown Court
Jurisdiction
England and Wales
Judgment Date
16 January 2013
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Public Rights of Way, Highways, Judicial Review, Dedication of Highways, Definitive Map and Statement
Administrative Law Property Law Public Rights of Way Highways Judicial Review Dedication of Highways Definitive Map and Statement

Case Brief

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Parties

Paton

Claimant

Devon County Council

First Defendant

Exeter Crown Court

Second Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the Recorder erred in law in concluding that the path from B to C was not a highway maintainable at public expense
  2. 2 Whether there was evidence to support the Recorder's findings regarding the existence and route of the public footpath
  3. 3 Whether the Recorder was entitled to conclude that the path from A to B was a public right-of-way

Ratio Decidendi

The Recorder did not err in law; there was evidence upon which he was entitled to conclude that the path from B to C was not a highway maintainable at public expense, and that the public footpath ran from A to B and onwards, as supported by the 1950 definitive map and statement.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed