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England and Wales decisions
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Roxlena Ltd v The Ramblers' Association & Ors, R (On the Application Of) [2026] EWCA Civ 534 (07 May 2026)
The Court of Appeal held that a four-month foot-and-mouth closure did not necessarily defeat 20 years’ public use for statutory dedication of rights of way.
Friends of Gillingham (Norfolk) Countryside Community Interest Company, R (On the Application Of) v South Norfolk District Council [2026] EWHC 777 (Admin) (31 March 2026)
The High Court refused permission for judicial review of a planning permission, rejecting challenges about footpath access, consultation, sequential assessments, wastewater conditions, and EIA screening.
Trail Riders Fellowship v Lincolnshire County Council [2026] EWHC 88 (Admin) (26 January 2026)
The High Court dismissed a challenge to a traffic regulation order banning motor vehicles on rural lanes, holding the council had a rational evidential basis.
The Inspector erred in law by applying a de minimis test to the question of actual enjoyment and focusing solely on the four-month intermission rather than the entire 20-year period. The correct legal test requires an evaluative judgment of whether the public’s use over the whole period was sufficient to alert a reasonable landowner that a continuous right was being asserted. The cause of intermission (statutory restrictions for foot and mouth disease) is relevant and does not defeat the presumption of dedication. Accordingly, the Inspector’s decision cannot stand and must be quashed.
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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.
Suffolk County Council v Lyall [2025] EWHC 1032 (KB) (29 April 2025)
The High Court dismissed Suffolk County Council’s appeal, upholding damages for a slip on a boardwalk on a public right of way and finding a common law duty arose from the council’s positive act of installing it.
McLeish & Anor v Secretary of State for Environment Food and Rural Affairs & Anor [2024] EWCA Civ 1562 (13 December 2024)
The Court of Appeal dismissed a challenge to a definitive map modification order altering a public footpath route, holding that copying errors rebutted the presumption against change.
The Court of Appeal dismissed an appeal about a definitive map modification order, holding that the section 56 presumption did not control the review process.
The inspector applied the correct legal approach by considering whether the alternative route was correct on the balance of probabilities, rebutting the presumption against change, and took into account all relevant evidence including map evidence; the claimants' grounds were rejected as the inspector's reasoning was rational and lawful.
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The Inspector acted unfairly by not reverting to the parties regarding maintenance assurances for the diverted footpath, failed to properly compare the convenience of the existing and diverted paths, and did not adequately consider the evidence about the state and maintenance obligations of the existing path. Grounds 2(a) and 2(b) succeed, warranting quashing the decision and remitting for reconsideration.
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