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Boggis, Regina (on the Application of) v Natural England and Another: CA 29 Feb 2008

Renewed application for leave to bring judicial review – making of SSSI – granted. Judges: Mummery LJ, Munby J Citations: [2008] EWCA Civ 335 Links: Bailii Statutes: Wildlife and Countryside Act 1981 28 Jurisdiction: England and Wales Cited by: see Also – Boggis and Another, Regina (on the Application of) v Natural England and Another … Continue reading Boggis, Regina (on the Application of) v Natural England and Another: CA 29 Feb 2008

Fisher and Another v English Nature: Admn 4 Jul 2003

The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the notification. The claimants said that they could have considered alternative ways of protecting the land … Continue reading Fisher and Another v English Nature: Admn 4 Jul 2003

Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012

The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The Council said that the maps did not accord with the legislation. Held: The application failed: ‘there was … Continue reading Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012

Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010

The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required. Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly comply with para 1 of Schedule 14 . . But that does not mean that a valid application … Continue reading Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010

Wild v Secretary of State for Environment, Food and Rural Affairs and Another: CA 21 Dec 2009

Appeals against a decision upholding the decision of a planning inspector confirming an order by the Dorset County Council adding a length of footpath to the Definitive Map and Statement. Judges: Sir Andrew Morritt Ch, Scott Baker, Moses LJJ Citations: [2009] EWCA Civ 1406, [2010] NPC 2 Links: Bailii Statutes: Wildlife & Countryside Act 1981 … Continue reading Wild v Secretary of State for Environment, Food and Rural Affairs and Another: CA 21 Dec 2009

Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 29 Apr 2008

The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass. Held: The College’s appeal succeeded. If the defendant was to alter the map, the statutory procedure had to be … Continue reading Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 29 Apr 2008

Winchester College, Warden and Fellows of and Another; Regina (on the Application of) v Food and Rural Affairs: Admn 28 Nov 2007

The applicants challenged the refusal of the defendant to alter the definitive right of way map. Judges: George Bartlett QC J Citations: [2007] EWHC 2786 (Admin), Times 08-May-2008 Links: Bailii Statutes: Natural Environment and Rural Communities Act 2006 67, Wildlife and Countryside Act 1981 Part III Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Winchester College, Warden and Fellows of and Another; Regina (on the Application of) v Food and Rural Affairs: Admn 28 Nov 2007

Royal Society for The Protection of Birds, Regina (on The Application of) v Natural England: Admn 15 Mar 2019

Judicial review challenging the lawfulness of the grant by Natural England of a licence to conduct a trial into the brood management of hen harriers. Judges: Lang DBE J Citations: [2019] EWHC 585 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 16(1)(a) Jurisdiction: England and Wales Animals Updated: 06 June 2022; Ref: scu.634778

Marlene Peggy Masters v Secretary of State for Environment, Transport and Regions: CA 31 Jul 2000

Where a public byway was defined as such under the Act, it was intended that the highway should be shown as such on the definitive map. The fact, if it was such, that a byway had fallen into disuse was not an indication that it should be omitted from the map. The purpose of the … Continue reading Marlene Peggy Masters v Secretary of State for Environment, Transport and Regions: CA 31 Jul 2000

Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001

The council had added a bridleway to the definitive map of rights of way on the basis that the use had been for more than 20 years by the public with no evidence of intention not to dedicate it as a public highway. The period was calculated back from the time when it was challenged. … Continue reading Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001

John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions: Admn 24 Jan 2000

An inspector determining an application to remove a public bridleway from the definitive map, where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was correctly registered. Nevertheless, where there had been no evidence to support … Continue reading John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions: Admn 24 Jan 2000

Regina v Secretary of State for Environment, Transport and Regions ex parte Dorset County Council: Admn 22 Jun 1999

The court was asked to review a decision not to confirm a public right of way. The court considered whether the landowner had to show some overt act as evidence of his lack of intention to dedicate the land. Dyson J said: ‘On the face of it, the language of the proviso is straightforward. All … Continue reading Regina v Secretary of State for Environment, Transport and Regions ex parte Dorset County Council: Admn 22 Jun 1999

Regina v Secretary of State for the Environment Ex Parte Bagshaw, Regina v Sane Ex Parte Norton and Bagshaw: QBD 6 May 1994

Mr Bagshaw sought an order modifying the definitive map and statement to show a former mine track as a public right of way. Held: A claimant seeking to establish a public path had to show evidence in support or that it was reasonable to make the allegation.Owen J, referring to 53(3)(c)(i) said: ‘It is necessary … Continue reading Regina v Secretary of State for the Environment Ex Parte Bagshaw, Regina v Sane Ex Parte Norton and Bagshaw: QBD 6 May 1994

Applegarth v Secretary of State for Environment Transport and Regions: Admn 28 Jun 2001

The landowner challenged an order under the 1981 Act. Held: the inspector’s decision was upheld. However, a different inspector at an earlier inquiry had concluded that the modifying order should not be confirmed. That decision had been challenged by the county council before Carnwath J who had made an order by consent quashing the decision … Continue reading Applegarth v Secretary of State for Environment Transport and Regions: Admn 28 Jun 2001

Regina v Secretary of State for the Environment ex parte Burrows and Simms: CA 1990

The conclusive character of the definitive map and statement is not intended to preclude the duty of the local authority to modify them where proper. If evidence came to light to show that a mistake had been made in drawing up the definitive map, then such a mistake could be corrected in either of the … Continue reading Regina v Secretary of State for the Environment ex parte Burrows and Simms: CA 1990

Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 19 Jul 2012

The court was asked: ‘can a way which is not connected to another public highway, or to some other point to which the public have a right of access, itself be a public highway?’ A path had been registered over part of te claimant’s land, but with no connection to any route back to the … Continue reading Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 19 Jul 2012

Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the … Continue reading Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015

Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015

Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

Boggis and Another v Natural England: CA 20 Oct 2009

Natural England appealed against the quashing of an SSSI. Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners to continue to replenish their sea defences. That work would … Continue reading Boggis and Another v Natural England: CA 20 Oct 2009

Boggis and Another, Regina (on the Application of) v Natural England and Another: Admn 5 Dec 2008

The claimants wanted to erect a sacrificial barrier by way of a sea defence in order to protect cliffs from erosion. The site was then designated as a site of special scientific interest, and permission was required from the defendant, who refused, saying that the natural erosion of the cliffs continued to expose material of … Continue reading Boggis and Another, Regina (on the Application of) v Natural England and Another: Admn 5 Dec 2008

Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009

The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the necessary intention to possess exclusively of others. Held: The claim failed. A public right of … Continue reading Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009

Acts

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Regina v Nature Conservancy Council ex parte London Brick Property Ltd: 1996

Citations: [1996] Env LR 1 Statutes: Wildlife and Countryside Act 1981 28(1) Cited by: Cited – Fisher and Another v English Nature Admn 4-Jul-2003 The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of … Continue reading Regina v Nature Conservancy Council ex parte London Brick Property Ltd: 1996

Southern Water Authority v Nature Conservancy Council: HL 9 Sep 1992

That a Water Authority was digging a ditch was not a sufficient connection with the land to make them occupiers and capable of committing an offence as occupiers. The statutory provisions were toothless for ‘it needs only a moment to see that this regime is toothless, for it demands no more from the owner or … Continue reading Southern Water Authority v Nature Conservancy Council: HL 9 Sep 1992

Regina on the Application of Fisher v English Nature: CA 27 May 2004

The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew. Held: The defendant’s policy toward the land had changed in 2000. It was a decision of a specialist … Continue reading Regina on the Application of Fisher v English Nature: CA 27 May 2004

Jones v Welsh Assembly Government: Admn 15 Dec 2008

The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008

Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998

A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector’s decision that the 20-year user of the land relied upon by the applicant for the modification was not ‘as of right’ because a revocable deed by the landowner’s predecessor … Continue reading Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998

Holden v Lancaster Justices: QBD 2 Oct 1998

A practice of clipping a birds flight feathers every year (after re-growth) did not amount to maiming, since that finding would require a finding as to the future intentions which was speculation and could not be justified. Citations: Times 02-Oct-1998 Statutes: Wildlife and Countryside Act 1981 5(1)(d) Animals Updated: 08 April 2022; Ref: scu.81436

Dodsworth v Crown Prosecution Service: Admn 8 Nov 2010

The defendant effectively sought to appeal against his conviction on his own guilty plea to possession of wild bird eggs. They had been collected before possession itself was made an offence, and he had received them before the 2004 Act, after which only the person originally collecting an egg could lawfully possess it. He said … Continue reading Dodsworth v Crown Prosecution Service: Admn 8 Nov 2010