The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic. Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The council had reclassified it as a bridleway, which did … Continue reading Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 27 Jun 2005

The court considered the effect of a reclassification of a road under the 1968 Act. Held: Reclassification as a bridleway left open the possible existence of public vehicular rights since the 1968 Act had left the effect of the proviso in section 32(4)(b) in th e1949 Act unaltered and contained no positive word about extinguishment … Continue reading Regina v Secretary of State for the Environment ex parte Riley: 1990