Hargrave & Anor, R. (On the Application of) v Stroud District Council [2002] EWCA Civ 1281 (22 July 2002)

Hargrave & Anor, R. (On the Application of) v Stroud District Council [2002] EWCA Civ 1281 (22 July 2002)

The local authority has discretion under section 119 of the Highways Act 1980 both to make and to submit a public path diversion order to the Secretary of State. There is no statutory duty to proceed with submission once an order is made, and the Council's decision not to submit the order was lawful and not irrational.

Citation
[2002] EWCA Civ 1281
Parties
Appellants: Hargrave and Hargrave; Respondent: Stroud District Council
Jurisdiction
England and Wales
Judgment Date
22 July 2002
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Footpath Diversion Orders, Statutory Interpretation, Discretion of Local Authorities, Judicial Review, Human Rights Act 1998
Administrative Law Local Government Law Human Rights Footpath Diversion Orders Statutory Interpretation Discretion of Local Authorities Judicial Review Human Rights Act 1998

Case Brief

Summary, issues, holding and outcome

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Parties

Hargrave and Hargrave

Appellants

Stroud District Council

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether a local authority is under a duty to submit a public path diversion order to the Secretary of State once made under section 119 of the Highways Act 1980
  2. 2 Whether the Council's refusal to submit the order was irrational or perverse
  3. 3 Whether the Human Rights Act 1998 or the European Convention on Human Rights affects the statutory construction or outcome

Ratio Decidendi

The local authority has discretion under section 119 of the Highways Act 1980 both to make and to submit a public path diversion order to the Secretary of State. There is no statutory duty to proceed with submission once an order is made, and the Council's decision not to submit the order was lawful and not irrational.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, such costs to be assessed if not agreed