Roxlena Limited v The Ramblers' Association, R (on the application of) & Ors

Roxlena Limited v The Ramblers' Association, R (on the application of) & Ors

The Inspector applied the wrong legal test by focusing solely on whether the four-month intermission was de minimis, failing to consider the retrospective effect of resumed public use and the relevance of the explanation for the gap. The correct test requires assessment of the whole 20-year period, including the explanation for intermission, to determine if a continuous right was asserted. The judge was entitled to interfere with the Inspector's conclusion and remit the matter for reconsideration.

Parties
Appellant: Roxlena Limited; 1st Respondent: 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)
Outcome
Appeal dismissed
Legal Topics
Statutory Dedication of Highways, Interpretation of Highways Act 1981, Interruption Vs Intermission in Use, Judicial Review, Prescriptive Rights
Administrative Law Property Law Public Rights of Way Statutory Dedication of Highways Interpretation of Highways Act 1981 Interruption Vs Intermission in Use Judicial Review Prescriptive Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Roxlena Limited

Appellant

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)

Legal Issues

  1. 1 Whether a four-month intermission in public use of footpaths due to foot and mouth disease prevents statutory dedication under section 31(1) of the Highways Act 1981
  2. 2 Whether the Inspector applied the correct legal test regarding 'actual enjoyment' and 'interruption'
  3. 3 Relevance of explanation for intermission in public use

Ratio Decidendi

The Inspector applied the wrong legal test by focusing solely on whether the four-month intermission was de minimis, failing to consider the retrospective effect of resumed public use and the relevance of the explanation for the gap. The correct test requires assessment of the whole 20-year period, including the explanation for intermission, to determine if a continuous right was asserted. The judge was entitled to interfere with the Inspector's conclusion and remit the matter for reconsideration.

Court Disposition

Appeal dismissed

Orders

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