McLeish & Anor v Secretary of State for Environment Food and Rural Affairs & Anor [2024] EWCA Civ 1562 (13 December 2024)

The evidential presumption against change applies to the current definitive map and statement as modified; copying errors rebut the presumption, and the correct route must be determined on the balance of probabilities without reliance on prior versions.

Citation: [2024] EWCA Civ 1562
Parties: Appellant/claimant: Derren McLeish; Appellant/claimant: Kathryn Joan McLeish; Respondent/defendant: The Secretary of State for Environment Food and Rural Affairs; Respondent/defendant: Kent County Council
Jurisdiction: England and Wales
Judgment Date: 13 December 2024
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: appeal dismissed
Legal Topics: Definitive Map Modification, Public Rights of Way, Statutory Interpretation, Presumption Against Change, Wildlife and Countryside Act 1981

Administrative Law Planning Law Property Law Definitive Map Modification Public Rights of Way Statutory Interpretation Presumption Against Change Wildlife and Countryside Act 1981

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Parties

Derren McLeish

Appellant/claimant

Kathryn Joan McLeish

Appellant/claimant

The Secretary of State for Environment Food and Rural Affairs

Respondent/defendant

Kent County Council

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Effect of section 56(1) conclusive evidence provision during review under section 53 of the Wildlife and Countryside Act 1981
2 Which version of the definitive map and statement is authoritative for modification purposes

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

The appeal is dismissed; the route of the footpath reverts to A-B-X-C as determined by the inspector.