Darby v First Secretary of State & Anor
The Inspector's findings that there was insufficient evidence of lack of intention to dedicate the disputed path as a public right of way were reasonable, based on proper application of section 31 of the Highways Act 1980, and not open to review by the court.
- Parties
- Claimant: Adrian Marten George Darby; Defendant: First Secretary of State; Defendant: Worcestershire County Council
- Jurisdiction
- England and Wales
- Judgment Date
- 05 February 2003
- Procedural Posture
- Statutory Appeal / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Public Rights of Way, Dedication of Highways, Statutory Interpretation, Judicial Review
Case Brief
Summary, issues, holding and outcome
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Parties
Adrian Marten George Darby
Claimant
First Secretary of State
Defendant
Worcestershire County Council
Defendant
Procedural Posture
Statutory Appeal / Judgment
Legal Issues
- 1 Whether the Inspector misinterpreted section 31 of the Highways Act 1980 regarding intention to dedicate a public right of way
- 2 Whether the Inspector failed to give proper consideration to the claimant's dealings and correspondence with the County Council over the relevant 20-year period
- 3 Whether the Inspector's decision was unreasonable or reviewable in the Wednesbury sense
Ratio Decidendi
The Inspector's findings that there was insufficient evidence of lack of intention to dedicate the disputed path as a public right of way were reasonable, based on proper application of section 31 of the Highways Act 1980, and not open to review by the court.
Court Disposition
claim dismissed
Orders
- Claim dismissed
- Claimant to pay costs in the sum of £6,414
Full Case Text
Judgment text and source record
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