Dacorum Borough Council v Foy [2016] EWCA Civ 48 (13 January 2016)

The judge was entitled to find, based on historical documents, plans, and legal presumptions, that the width of the public highway was 6 metres and not 4 feet, and that a public right of way existed. The application for permission to appeal disclosed no real prospect of success.

Citation: [2016] EWCA Civ 48
Parties: Claimant/respondent: Dacorum Borough Council; Defendant/applicant: Mavis Ann Foy; Defendant/applicant: Toneye Foy
Jurisdiction: England and Wales
Judgment Date: 13 January 2016
Procedural Posture: Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome: Permission to appeal refused
Legal Topics: Public Rights of Way, Highway Width Determination, Definitive Map and Statement, Jurisdiction, Injunctions and Undertakings

Property Law Administrative Law Public Rights of Way Highway Width Determination Definitive Map and Statement Jurisdiction Injunctions and Undertakings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Dacorum Borough Council

Claimant/respondent

Mavis Ann Foy

Defendant/applicant

Toneye Foy

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

1 Whether the width of the public footpath is 4 feet or 6 metres
2 Whether the court had jurisdiction to determine the claim
3 Whether a public right of way exists over the disputed land

Ratio Decidendi

Court Disposition

Permission to appeal refused