Connaughton, R (on the application of) v West Dorset District Council [2002] EWHC 794 (Admin) (25 March 2002)

Connaughton, R (on the application of) v West Dorset District Council [2002] EWHC 794 (Admin) (25 March 2002)

The points of termination of a footpath under Section 119(2) of the Highways Act 1980 are not fixed at every crossing of a highway or bridleway but are questions of fact to be determined in each case by the council or Secretary of State. The council's approach to the application was incorrect in law, and part of a diverted route may run along an existing footpath.

Citation
[2002] EWHC 794 (Admin)
Parties
Claimant: Connaughton; Defendant: West Dorset District Council
Jurisdiction
England and Wales
Judgment Date
25 March 2002
Procedural Posture
Judicial Review / Judgment Following Substantive Hearing
Outcome
Application allowed in part; no order made on the application; costs awarded to claimant at three-quarters, subject to detailed assessment.
Legal Topics
Public Rights of Way, Footpath Diversion Orders, Interpretation of Highways Act 1980, Judicial Review Procedure, Costs in Judicial Review
Administrative Law Local Government Law Planning and Highways Law Public Rights of Way Footpath Diversion Orders Interpretation of Highways Act 1980 Judicial Review Procedure Costs in Judicial Review

Case Brief

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Parties

Connaughton

Claimant

West Dorset District Council

Defendant

Procedural Posture

Judicial Review / Judgment Following Substantive Hearing

Legal Issues

  1. 1 Whether a point of termination of a footpath under Section 119(2) of the Highways Act 1980 is fixed at each and every point where it crosses a highway or bridleway
  2. 2 Whether a public path diversion order can alter a right of way that runs co-extensively with another footpath

Ratio Decidendi

The points of termination of a footpath under Section 119(2) of the Highways Act 1980 are not fixed at every crossing of a highway or bridleway but are questions of fact to be determined in each case by the council or Secretary of State. The council's approach to the application was incorrect in law, and part of a diverted route may run along an existing footpath.

Court Disposition

Application allowed in part; no order made on the application; costs awarded to claimant at three-quarters, subject to detailed assessment.

Orders

  • No order on the substantive application for judicial review.
  • Three-quarters of claimant's costs to be paid by defendant, subject to detailed assessment.