Paton v Devon County Council & Anor

Paton v Devon County Council & Anor

The Recorder was entitled to rely on the definitive map and statement and other evidence to conclude that the public footpath did not run from B to C but rather from A to F, and there was no error of law in his findings or reasoning.

Parties
Claimant: Paton; Defendant: Devon County Council; Defendant: Exeter Crown Court
Jurisdiction
England and Wales
Judgment Date
16 January 2013
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Public Rights of Way, Highways, Judicial Review, Definitive Map and Statement
Administrative Law Property Law Public Rights of Way Highways Judicial Review Definitive Map and Statement

Case Brief

Summary, issues, holding and outcome

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Parties

Paton

Claimant

Devon County Council

Defendant

Exeter Crown Court

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the Recorder erred in law in concluding that there was no public right-of-way from B to C maintainable at public expense
  2. 2 Whether there was evidence to support the Recorder's findings regarding the existence and route of the footpath

Ratio Decidendi

The Recorder was entitled to rely on the definitive map and statement and other evidence to conclude that the public footpath did not run from B to C but rather from A to F, and there was no error of law in his findings or reasoning.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed