Devine and Laverty v Welsh Ministers

Devine and Laverty v Welsh Ministers

The Inspector failed to take into account relevant evidence, specifically the physical evidence of fencing and the 1987 Community Council map, in assessing the credibility of witnesses and the existence of public footpath rights. This failure amounted to Wednesbury unreasonableness and a failure to comply with statutory requirements, justifying quashing the decision.

Parties
Claimant: Devine and Laverty; Defendant: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
27 January 2011
Procedural Posture
Judicial Review / Judgment on Application to Quash Inspector's Decision
Outcome
Application allowed; Inspector's decision quashed
Legal Topics
Judicial Review, Public Rights of Way, Statutory Interpretation, Evidential Weight, Wildlife and Countryside Act 1981, Highways Act 1980
Administrative Law Public Law Property Law Judicial Review Public Rights of Way Statutory Interpretation Evidential Weight Wildlife and Countryside Act 1981 +1 more

Case Brief

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Parties

Devine and Laverty

Claimant

Welsh Ministers

Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector failed to properly consider relevant evidence regarding fencing and the map of walks in determining public footpath rights under the Wildlife and Countryside Act 1981
  2. 2 Whether the Inspector's decision was Wednesbury unreasonable for not taking into account certain documentary and physical evidence
  3. 3 Whether the Inspector erred in law regarding the capacity of the British Railways Board to dedicate land as a public footpath

Ratio Decidendi

The Inspector failed to take into account relevant evidence, specifically the physical evidence of fencing and the 1987 Community Council map, in assessing the credibility of witnesses and the existence of public footpath rights. This failure amounted to Wednesbury unreasonableness and a failure to comply with statutory requirements, justifying quashing the decision.

Court Disposition

Application allowed; Inspector's decision quashed

Orders

  • Inspector's decision quashed
  • Welsh Ministers to pay claimants' costs of £15,064.94