Dorset County Council, R (on the application of) v DEFRA
The Council failed to show discovery of new evidence as required by section 53(3)(c); reinterpretation of existing evidence does not constitute discovery. The Inspector's decision was adequately reasoned and based on appraisal of conflicting evidence.
- Parties
- Claimant: Dorset County Council; Defendant: DEFRA; Interested Party: David Fletcher
- Jurisdiction
- England and Wales
- Judgment Date
- 20 July 2005
- Procedural Posture
- Judicial Review / Renewed Application for Permission
- Outcome
- permission refused
- Legal Topics
- Judicial Review, Modification of Definitive Map, Wildlife and Countryside Act 1981, Public Rights of Way
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dorset County Council
Claimant
DEFRA
Defendant
David Fletcher
Interested Party
Procedural Posture
Judicial Review / Renewed Application for Permission
Legal Issues
- 1 Whether section 53(3)(c) of the Wildlife and Countryside Act 1981 allows modification of a Definitive Map based on discovery of a cartographical error rather than fresh evidence
- 2 Whether reinterpretation of existing evidence constitutes 'discovery' under section 53(3)(c)
- 3 Whether the Inspector's reasoning was inadequate or failed to consider relevant historical maps
Ratio Decidendi
The Council failed to show discovery of new evidence as required by section 53(3)(c); reinterpretation of existing evidence does not constitute discovery. The Inspector's decision was adequately reasoned and based on appraisal of conflicting evidence.
Court Disposition
permission refused
Orders
- renewed application for permission to apply for judicial review is refused
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment