Jones v Welsh Assembly Government [2008] EWHC 3515 (Admin) (15 December 2008)

Jones v Welsh Assembly Government [2008] EWHC 3515 (Admin) (15 December 2008)

The court is limited by paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981 to quashing the modification order itself, not merely the inspector's decision; therefore, the Ceredigion County Council (Footpath 49/29/M) Definitive Map Modification Order 2004 must be quashed.

Citation
[2008] EWHC 3515 (Admin)
Parties
Claimant: June Jones; Defendant: Welsh Assembly Government
Jurisdiction
England and Wales
Judgment Date
15 December 2008
Procedural Posture
Judicial Review / Post Judgment Submissions on Relief/order
Outcome
Claimant succeeds; modification order quashed; costs of written submissions awarded to Claimant; permission to appeal on terms of order granted to Defendant.
Legal Topics
Definitive Map Modification Orders, Judicial Review Remedies, Wildlife and Countryside Act 1981, Public Rights of Way
Administrative Law Planning and Environmental Law Definitive Map Modification Orders Judicial Review Remedies Wildlife and Countryside Act 1981 Public Rights of Way

Case Brief

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Parties

June Jones

Claimant

Welsh Assembly Government

Defendant

Procedural Posture

Judicial Review / Post Judgment Submissions on Relief/order

Legal Issues

  1. 1 Whether the court has power to quash only the inspector's decision or must quash the entire modification order under Schedule 15 to the Wildlife and Countryside Act 1981
  2. 2 Proper remedy where inspector's decision is found unlawful in modification order proceedings

Ratio Decidendi

The court is limited by paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981 to quashing the modification order itself, not merely the inspector's decision; therefore, the Ceredigion County Council (Footpath 49/29/M) Definitive Map Modification Order 2004 must be quashed.

Court Disposition

Claimant succeeds; modification order quashed; costs of written submissions awarded to Claimant; permission to appeal on terms of order granted to Defendant.

Orders

  • The Ceredigion County Council (Footpath 49/29/M) Definitive Map Modification Order 2004 is quashed.
  • Claimant recovers costs of written submissions.