Chaston & Anor, R (on the application of) v Devon County Council

Chaston & Anor, R (on the application of) v Devon County Council

The defendants acted contrary to the principles of natural justice and procedural fairness by failing to refer new material received after the inspector's inquiry back to the inspector for reconsideration, especially given the inspector's specific remit and the nature of the evidence. The procedure adopted was irrational and unfair in the circumstances.

Parties
Claimant: Robert Chaston; Claimant: Katherine Chaston; Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
22 February 2007
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; decision of the defendants quashed
Legal Topics
Judicial Review, Procedural Fairness, Natural Justice, Public Rights of Way, Statutory Interpretation
Administrative Law Public Law Property Law Judicial Review Procedural Fairness Natural Justice Public Rights of Way Statutory Interpretation

Case Brief

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Parties

Robert Chaston

Claimant

Katherine Chaston

Claimant

Devon County Council

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the defendants acted irrationally and/or contrary to natural justice in determining the route of a public footpath affecting the claimants' property
  2. 2 Whether the procedure adopted by the defendants in rejecting the inspector's recommendation was fair and rational

Ratio Decidendi

The defendants acted contrary to the principles of natural justice and procedural fairness by failing to refer new material received after the inspector's inquiry back to the inspector for reconsideration, especially given the inspector's specific remit and the nature of the evidence. The procedure adopted was irrational and unfair in the circumstances.

Court Disposition

Claim allowed; decision of the defendants quashed

Orders

  • The defendants' decision is quashed.
  • All additional material to be placed before the inspector for review and reconsideration of his original recommendation.