Dacorum Borough Council v Foy

The judge was entitled to find, based on documentary evidence and legal presumptions, that the width of the public footpath was 6 metres, not 4 feet, and that a public right of way existed. The jurisdictional challenge did not invalidate the proceedings, as the existence and width of the footpath were substantive issues for trial.

Parties: Claimant/respondent: Dacorum Borough Council; Defendant/applicant: Mavis Ann Foy; Defendant/applicant: Toney Foy
Jurisdiction: England and Wales
Judgment Date: 13 January 2016
Procedural Posture: Civil Appeal / Application for Permission to Appeal to the Court of Appeal
Outcome: Application for permission to appeal refused
Legal Topics: Public Rights of Way, Highway Authority Powers, Width of Public Footpaths, Definitive Map and Statement, Jurisdictional Challenges

Property Law Administrative Law Public Rights of Way Highway Authority Powers Width of Public Footpaths Definitive Map and Statement Jurisdictional Challenges

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Parties

Dacorum Borough Council

Claimant/respondent

Mavis Ann Foy

Defendant/applicant

Toney Foy

Defendant/applicant

Procedural Posture

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

Legal Issues

1 Whether the width of the public footpath is 4 feet or 6 metres
2 Whether the public right of way exists
3 Whether the County Court had jurisdiction to hear the case

Ratio Decidendi

Court Disposition

Application for permission to appeal refused