Wild v Secretary of State for Environment, Food and Rural Affairs & Anor [2009] EWCA Civ 1406 (21 December 2009)

Wild v Secretary of State for Environment, Food and Rural Affairs & Anor [2009] EWCA Civ 1406 (21 December 2009)

The inspector erred in law by failing to consider the effect of public objections at the 1978 inquiry by a person who might have been the owner, which was relevant to whether there was acquiescence and thus dedication at common law. The inspector's decision was therefore flawed and should have been set aside.

Citation
[2009] EWCA Civ 1406
Parties
Appellant: James Wild; 1st Respondent: Secretary of State for Environment, Food and Rural Affairs; 2nd Respondent: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Public Rights of Way, Dedication of Highways, Judicial Review, Wildlife and Countryside Act 1981, Highways Act 1980, Common Law Dedication
Administrative Law Property Law Public Rights of Way Dedication of Highways Judicial Review Wildlife and Countryside Act 1981 Highways Act 1980 Common Law Dedication

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

James Wild

Appellant

Secretary of State for Environment, Food and Rural Affairs

1st Respondent

Dorset County Council

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the inspector erred in law in confirming the addition of a footpath to the Definitive Map based on implied dedication at common law
  2. 2 Whether public objection at a 1978 inquiry by a possible owner precluded inference of dedication

Ratio Decidendi

The inspector erred in law by failing to consider the effect of public objections at the 1978 inquiry by a person who might have been the owner, which was relevant to whether there was acquiescence and thus dedication at common law. The inspector's decision was therefore flawed and should have been set aside.

Court Disposition

Appeal allowed

Orders

  • Inspector's decision set aside
  • Order confirming addition of footpath to Definitive Map quashed