Wild v Secretary of State for Environment, Food and Rural Affairs & Anor
The inspector erred in law by failing to consider the impact of public objections at the 1978 inquiry by persons who might have been the owner, which was relevant to whether the landowner acquiesced in public use and whether implied dedication could be inferred at common law.
- 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
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Public Rights of Way, Dedication of Highways, Judicial Review, Definitive Map Modification
Case Brief
Summary, issues, holding and outcome
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Parties
James Wild
Appellant
Secretary of State for Environment, Food and Rural Affairs
1st Respondent
Dorset County Council
2nd Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the inspector erred in law by failing to consider the impact of objections raised at the 1978 inquiry on implied dedication at common law
- 2 Whether acquiescence and dedication by the landowner could be inferred from public use post-1978
Ratio Decidendi
The inspector erred in law by failing to consider the impact of public objections at the 1978 inquiry by persons who might have been the owner, which was relevant to whether the landowner acquiesced in public use and whether implied dedication could be inferred at common law.
Court Disposition
Appeal allowed
Orders
- Inspector's decision set aside
- High Court decision reversed
Full Case Text
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