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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

Buckland and Buckland and Capel v Secretary of State for Environment Transport and Regions: Admn 11 Jan 2000

For a track to be deemed to be a byway open to all traffic, there was no need to prove vehicular use, nor both pedestrian and equestrian use. It was necessary however to show that the use by foot and horse combined exceeded on balance use by vehicles. The definition in the Act is clear; … Continue reading Buckland and Buckland and Capel v Secretary of State for Environment Transport and Regions: Admn 11 Jan 2000