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Thomas v Secretary of State for Wales and Another: QBD 13 Mar 1996

Local Authority need not show intention to build on all parts of land being compulsorily purchased under the Act. The object of section 89 was to allow a local authority to purchase land which was unsightly, neglected or derelict to put it to use. The authority’s proposed use was to clear and stabilise the area … Continue reading Thomas v Secretary of State for Wales and Another: QBD 13 Mar 1996

Regina v Secretary of State for the Environment ex parte Hood: CA 1975

The court considered the nature of the 1949 Act: ‘The object of the statute is this: it is to have all our ancient highways mapped out, put on record and made conclusive, so that people can know what their rights are. Our old highways came into existence before 1835. They were created in the days … Continue reading Regina v Secretary of State for the Environment ex parte Hood: CA 1975

Ernstbrunner v Manchester City Council and Another: Admn 16 Dec 2009

The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant said the finding of fact was perverse. Held: There was clear … Continue reading Ernstbrunner v Manchester City Council and Another: Admn 16 Dec 2009

Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020

Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020

Harris and Another, Regina (on The Application of) v Broads Authority: Admn 12 Apr 2016

The Claimants say this case raises an important legal issue. ‘Can a public body which in law is not a National Park, represent itself (and allow itself to be represented) as a National Park and thereby to enjoy the benefits of National Park status despite the fact that that authority has decided to cease to … Continue reading Harris and Another, Regina (on The Application of) v Broads Authority: Admn 12 Apr 2016

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