Roxlena Ltd v The Ramblers' Association & Ors, R (On the Application Of) [2026] EWCA Civ 534 (07 May 2026)

Roxlena Ltd v The Ramblers' Association & Ors, R (On the Application Of) [2026] EWCA Civ 534 (07 May 2026)

A temporary cessation of public use of a claimed right of way, explained by extraordinary circumstances such as disease restrictions, does not necessarily preclude statutory dedication under s.31(1) Highways Act 1981 if the overall use over the 20-year period is sufficient to demonstrate continuous assertion of the right. The Inspector erred in law by focusing solely on the de minimis nature of the gap and failing to consider the whole period and the reason for the intermission.

Citation
[2026] EWCA Civ 534
Parties
Appellant: Roxlena Limited; 1st Respondent: The King (on the application of The Ramblers' Association); 2nd Respondent: Secretary of State for Environment, Food and Rural Affairs; 3rd Respondent: Cumberland Council
Jurisdiction
England and Wales
Judgment Date
07 May 2026
Procedural Posture
Civil Appeal / Appeal From High Court (judicial Review) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Public Rights of Way, Statutory Dedication, Highways Act 1981 S.31, Interruption Vs Intermission, Definitive Map Modification Orders, Judicial Review
Administrative Law Planning Law Property Law Public Rights of Way Statutory Dedication Highways Act 1981 S.31 Interruption Vs Intermission Definitive Map Modification Orders +1 more

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Parties

Roxlena Limited

Appellant

The King (on the application of The Ramblers' Association)

1st Respondent

Secretary of State for Environment, Food and Rural Affairs

2nd Respondent

Cumberland Council

3rd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (judicial Review) to Court of Appeal

Legal Issues

  1. 1 Whether a four-month intermission in public use of claimed rights of way due to foot and mouth disease restrictions precludes statutory dedication under s.31(1) Highways Act 1981
  2. 2 Whether the Inspector applied the correct legal test regarding 'actual enjoyment' and 'interruption' under s.31(1)
  3. 3 Whether the reason for non-use is relevant to the assessment of continuous enjoyment

Ratio Decidendi

A temporary cessation of public use of a claimed right of way, explained by extraordinary circumstances such as disease restrictions, does not necessarily preclude statutory dedication under s.31(1) Highways Act 1981 if the overall use over the 20-year period is sufficient to demonstrate continuous assertion of the right. The Inspector erred in law by focusing solely on the de minimis nature of the gap and failing to consider the whole period and the reason for the intermission.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The question whether the Order should be confirmed is remitted to the Secretary of State for reconsideration.