Norman & Anor v Secretary of State for Environment, Food & Rural Affairs

Norman & Anor v Secretary of State for Environment, Food & Rural Affairs

The inspector erred in law by failing to properly consider and make findings on the landowner's evidence of lack of intention to dedicate the footpath as a public right of way, instead wrongly requiring contemporaneous or authenticated evidence and disregarding relevant testimony.

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
Civil Appeal / Appeal From High Court Judgment Quashing a Modification Order
Outcome
Appeal dismissed
Legal Topics
Public Rights of Way, Modification Orders, Statutory Judicial Review, Dedication of Highways
Administrative Law Property Law Public Rights of Way Modification Orders Statutory Judicial Review Dedication of Highways

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Parties

Norman & Anr

Claimants / Respondents

Secretary of State for Environment, Food and Rural Affairs

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Quashing a Modification Order

Legal Issues

  1. 1 Whether the inspector erred in law in his approach to evidence of lack of intention to dedicate a public right of way under section 31(1) of the Highways Act 1980
  2. 2 Whether the inspector properly considered 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 landowner's evidence of lack of intention to dedicate the footpath as a public right of way, instead wrongly requiring contemporaneous or authenticated evidence and disregarding relevant testimony.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment quashing the modification order upheld