Masters v Secretary Of State For Environment, Transport & Regions [2000] EWCA Civ 249 (31 July 2000)

Masters v Secretary Of State For Environment, Transport & Regions [2000] EWCA Civ 249 (31 July 2000)

The statutory definition of a byway open to all traffic in section 66(1) of the Wildlife and Countryside Act 1981 does not require evidence of current use by the public mainly for the purposes for which footpaths and bridleways are used. The definition describes the character of the way, not a user test. Parliament intended to preserve and record such ways for the benefit of walkers and horse riders, regardless of current use. The appeal is dismissed and the judgment of Hooper J. is upheld.

Citation
[2000] EWCA Civ 249
Parties
Appellant: Mrs Masters; Respondent: Somerset County Council
Jurisdiction
England and Wales
Judgment Date
31 July 2000
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Public Rights of Way, Statutory Interpretation, Wildlife and Countryside Act 1981, Definitive Map Modification Orders
Administrative Law Property Law Public Rights of Way Statutory Interpretation Wildlife and Countryside Act 1981 Definitive Map Modification Orders

Case Brief

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Parties

Mrs Masters

Appellant

Somerset County Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the statutory definition of a 'byway open to all traffic' in section 66(1) of the Wildlife and Countryside Act 1981 requires evidence of current use by the public mainly for the purposes for which footpaths and bridleways are used before a way can be shown as a byway open to all traffic on the definitive map.

Ratio Decidendi

The statutory definition of a byway open to all traffic in section 66(1) of the Wildlife and Countryside Act 1981 does not require evidence of current use by the public mainly for the purposes for which footpaths and bridleways are used. The definition describes the character of the way, not a user test. Parliament intended to preserve and record such ways for the benefit of walkers and horse riders, regardless of current use. The appeal is dismissed and the judgment of Hooper J. is upheld.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal refused
  • Costs to follow the event