England and Wales Case Law

Wilkins & Anor v Secretary of State for Environment, Food and Rural Affairs

Wilkins & Anor v Secretary of State for Environment, Food and Rural Affairs [2025] EWHC 2435 (Admin) (25 September 2025)

The High Court dismissed a judicial review challenge to the confirmation of a Definitive Map Modification Order recording the width of Restricted Byway AB27 in Kent.

• Definitive map modification orders
• Boundary-to-boundary principle
• Dedication of highways
• Admissibility of evidence
• Statutory interpretation
• Administrative-law

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Martin Wilkins & Anor v Secretary of State for Environment, Food and Rural Affairs

Challenge to confirmation of a definitive map modification order for Restricted Byway AB27 failed. The court upheld the inspector’s width determination and use of OS maps.

• Definitive map modification orders
• Public rights of way
• Boundary-to-boundary principle
• Statutory review
• Dedication of highways
• Definitive-map-modification-order

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Smith v Great Yarmouth Magistrates Court

Smith v Great Yarmouth Magistrates Court [2025] EWHC 1640 (Admin) (24 June 2025)

The High Court dismissed a case-stated appeal against convictions for obstructing a highway, holding there was sufficient evidence of 20 years' public use under section 31.

• Obstruction of the highway
• Dedication of highways
• Section 31 highways act 1980
• Standard of proof in criminal cases
• Appeal by case stated
• Obstruction-of-the-highway

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DB Symmetry Ltd and another v Swindon Borough Council

The Supreme Court held that planning condition 39 did not require dedication of access roads as public highways and that such a condition would be unlawful without express statutory authority.

• Planning conditions
• Dedication of highways
• Compensation for land acquisition
• Interpretation of planning permissions
• Planning obligations
• Planning-conditions

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DB Symmetry Ltd v Swindon Borough Council & Anor

The Court of Appeal held that a planning condition on access roads was lawful and did not require dedication of the roads as public highways.

• Lawfulness of planning conditions
• Dedication of highways
• Interpretation of planning permissions
• Compensation for land dedication
• Validation principle
• Planning-conditions

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Garland & Anor v The Secretary of State for Environment, Food And Rural Affairs

Judicial review challenge to confirmation of a definitive map modification order adding bridleway rights failed. The court upheld findings on dedication, nuisance, and evidence.

• Definitive map modification order
• Dedication of highways
• Public nuisance
• Statutory compatibility
• Human rights
• Common law dedication

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Barlow v Wigan Metropolitan Borough Council

Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 (01 June 2020)

The Court of Appeal held that a park path was maintainable at public expense because it had been dedicated as a highway before 1949 by long public use.

• Occupiers' liability
• Highways maintainable at public expense
• Dedication of highways
• Statutory duty under highways act 1980
• Common law dedication
• Retrospective effect of statutes

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Barlow v Wigan Metropolitan Borough Council

The Court of Appeal held that a park path was maintainable at public expense because it had been dedicated at common law before 1949 through long public use.

• Occupiers’ liability
• Highways maintainable at public expense
• Dedication of highways
• Statutory duty under highways act 1980
• Common law dedication
• Retrospective effect of statutes

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The Ramblers Association v Secretary of State for Environment Food And Rural Affairs

The Ramblers Association v Secretary of State for Environment Food And Rural Affairs [2017] EWHC 716 (Admin) (07 April 2017)

Judicial review over refusal to confirm a footpath modification order crossing operational railway land. The High Court upheld the Inspector’s decision.

• Public rights of way
• Statutory incompatibility
• Dedication of highways
• Criminal trespass
• Judicial review procedure
• Public-rights-of-way

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Ali v Secretary of State for Environment, Food And Rural Affairs & Ors

Ali v Secretary of State for Environment, Food And Rural Affairs & Ors [2015] EWHC 893 (Admin) (01 April 2015)

The High Court upheld confirmation of a modification order adding a public footpath, finding the Inspector’s reasons on locking the gate were rational and adequate.

• Public rights of way
• Modification orders
• Dedication of highways
• Statutory interpretation
• Judicial review
• Evidential standards

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