Wild v Secretary of State for Environment, Food and Rural Affairs & Ors

Wild v Secretary of State for Environment, Food and Rural Affairs & Ors

The inspector did not err in combining use prior to and after 1978 to infer dedication at common law, and inactivity by landowners after 1978 neutralised any effect of objections raised at the 1978 inquiry; therefore, the Order confirming the footpath as a public right of way stands.

Parties
Claimant: James Wild; First Defendant: Secretary of State for Environment, Food and Rural Affairs; Second Defendant: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
01 December 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Public Rights of Way, Implied Dedication, Definitive Map Modification, Costs Assessment
Administrative Law Property Law Public Rights of Way Implied Dedication Definitive Map Modification Costs Assessment

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Parties

James Wild

Claimant

Secretary of State for Environment, Food and Rural Affairs

First Defendant

Dorset County Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector erred in confirming the addition of a footpath to the definitive map as a public right of way
  2. 2 Whether use prior to 1978 could be combined with later use to infer dedication at common law
  3. 3 Whether objections at the 1978 inquiry negated public use for dedication purposes

Ratio Decidendi

The inspector did not err in combining use prior to and after 1978 to infer dedication at common law, and inactivity by landowners after 1978 neutralised any effect of objections raised at the 1978 inquiry; therefore, the Order confirming the footpath as a public right of way stands.

Court Disposition

Application dismissed

Orders

  • Claimant must pay to the Secretary of State the Secretary of State's costs of the proceedings, summarily assessed by consent at £5,833.53
  • Permission to appeal refused