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 landowners sought judicial review of the placing of a public footpath near their house. Judges: Gibbs J Citations: [2007] EWHC 1209 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 56(1) Jurisdiction: England and Wales Land Updated: 05 December 2022; Ref: scu.253285
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
N objected to the reclassification of a public footpath over his farm as a byway open to all traffic, saying that there had been insufficient evidence to establish a dedication at common law. Held: N’s appeal failed. ‘A track can become a highway by reason of the dedication of the right of passage to the … Continue reading Regina v Nicholson and Another, Secretary of State for Environment and others: Admn 20 Dec 1996
Judges: Christopher Symons QC Citations: [2009] EWHC 229 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Jurisdiction: England and Wales Land Updated: 22 November 2022; Ref: scu.293920
Appeal against order adding footpath to definitive map. Judges: Pilll, Jackson, Gross LJJ Citations: [2011] EWCA Civ 1328 Links: Bailii Statutes: Wildlife and Countryside Act 1981 53 Jurisdiction: England and Wales Land Updated: 13 November 2022; Ref: scu.448374
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
Appeal against quashing of order modifying public right of way. Citations: [2007] EWCA Civ 334 Links: Bailii Statutes: Wildlife and Countryside Act 1981 53 Jurisdiction: England and Wales Land Updated: 09 November 2022; Ref: scu.251446
No application for judicial review could be made before the Secretary of State had confirmed a modification order. Simon Brown LJ identified three categories of case excluded from the statutory review procedure: ‘a) A failure by the statutory decision maker to exercise his jurisdiction . . b) The reasoning underpinning the decision which is otherwise … Continue reading Regina v Cornwall County Council ex parte Huntington and Another: CA 1994
When the Secretary of State considered the offer of land in substitution for other land, an ancient woodland and site of special scientific interest, which was sought to be compulsorily acquired for a roadway, he was entitled to assess whether the exchanged land would be equally advantageous at the time when the exchange would take … Continue reading Greenwich London Borough Council v Secretary of State for Environment and Another: CA 2 Mar 1993
Public highway – ‘once a highway always a highway’ – Section 32 Highways Act 1980 – Definitive Map – Sections 53 and 58 Wildlife and Countryside Act 1981 Citations: [2007] EWLandRA 2005 – 1274 Links: Bailii Registered Land Updated: 02 September 2022; Ref: scu.429570
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
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
The land-owner appealed against confirmation of a public footpath crossing their land. Judges: Supperstone QC J Citations: [2009] EWHC 643 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Jurisdiction: England and Wales Land Updated: 15 August 2022; Ref: scu.328000
The claimant challenged the adoption of the defnitive map showing a public footpath over her land. Judges: Sales J Citations: [2010] EWHC 394 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Jurisdiction: England and Wales Land Updated: 14 August 2022; Ref: scu.402486
Citations: [2009] EWHC 658 (Admin) Links: Bailii Statutes: Wildlife and Countryside Rights of Way Act 1981 Jurisdiction: England and Wales Land Updated: 13 August 2022; Ref: scu.327999
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
Application to quash decision refusing to confirm downgrading of bridleway. Judges: Sullivan J Citations: [2006] EWHC 2703 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 53(2)(ii) Jurisdiction: England and Wales Land Updated: 09 August 2022; Ref: scu.245973
Challenge to approval of addition of footpath to definitive map. Judges: Keith J Citations: [2008] EWHC 3461 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Sch 15 12(1) Jurisdiction: England and Wales Land Updated: 25 July 2022; Ref: scu.396523
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
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
The claimants sought a declaration that a path over neighbouring land was a public vehicular highway as recorded by the respondents, and not a footpath as asserted by the owners, and that gates over the path infringed the public rights. The council had served notices on the landowners to remove gates. Held: The status of … Continue reading Mear and others v Cambridgeshire County Council: ChD 20 Oct 2006
The applicants sought to have quashed an order by the Council confirming a footpath. Having concluded that the decision of an inspector confirming a modification order was flawed, the Court said that it should be quashed and the matter remitted for reconsideration. Leading counsel for the objectors thereupon submitted that the consequence of the decision … Continue reading Norman and Another v Secretary of State for the Environment, Food and Rural Affairs: Admn 5 Jul 2006
Appeal against refusal to confirm public public right of way. Judges: Wilkie J Citations: [2006] EWHC 1685 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 53(3)(c)(iii) Jurisdiction: England and Wales Land Updated: 07 July 2022; Ref: scu.243330
The claimants appealed against rejection of their assertion of a local right of way. They referred to old maps. The respondent relied on the definitive map showing an alternate right of way since 1950. Held: Though the claimant had a strong case, there was a sufficient basis of evidence for the recorder to have found … Continue reading Paton v Devon County Council and Another: Admn 16 Jan 2013
A modification of the definitive map was sought, to widen a footpath and declare it a bridleway. The landowner had erected a notice in 1975 denying any public right of way, but the inspector had thought it of no effect. Held: The declaration in the notice of a ‘Private Road’ was consistent with whatever rights … Continue reading Burrows v Secretary of State for Environment Food and Rural Affairs: Admn 23 Jan 2004
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
The claimant sought to challenge the confirmation of a public footpath. Pitchford J described how the court should interpret the definitive map made under the 1981 Act: ‘The correct approach to interpretation of the definitive map and statement must be a practical one. They should be examined together with a view to resolving the question … Continue reading Norfolk County Council, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 10 Feb 2005
Application was made to quash an order modifying the Council’s definitive map of public rights of way. Held: Before the Secretary of State could confirm a Council’s modification of a right of way shown on the definitive map, where that modification was opposed, she had to be satisfied on the balance of probabilities that the … Continue reading Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs: Admn 22 Jun 2004
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
Judges: His Honour Judge Waksman QC (Sitting as a Judge of the High Court) Citations: [2012] EWHC 2401 (Admin), [2013] Env LR 9, [2013] 1 CMLR 10 Links: Bailii Statutes: Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations 2010 Jurisdiction: England and Wales Environment, Animals Updated: 31 May 2022; Ref: scu.463791
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
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
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
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
An inspector, determining an application to remove a public bridleway from the definitive map, and 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 … Continue reading Trevelyan (On Behalf Of Himself and The Ramblers Association) v The Secretary of State for The Environment, Transport and The Regions: CA 23 Feb 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
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
A resolution to designate a route before an order was itself judicially reviewable even though the Act provided a means of appeal. Citations: Times 13-Jan-1998, [1997] EWHC Admin 1040 Links: Bailii Statutes: Wildlife and Countryside Act 1981 53(2) Land Updated: 19 May 2022; Ref: scu.88333
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
Application to set aside addition of land to definitive map of public rights of way as byway open to all traffic (BOAT). Held: The force of the evidence of private conveyancing documents may outweigh the value of public documents such as a tithe map or a Finance Act assessment which were not prepared for the … Continue reading Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council: Admn 31 Jul 1998
Challenge to Inspector’s decision establishing right of way as BOAT. Judges: Ouseley J Citations: [2018] EWHC 1963 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Jurisdiction: England and Wales Land Updated: 26 April 2022; Ref: scu.620670
Re-classification of public path on definitive map. Citations: [1998] EWHC Admin 615 Statutes: Wildlife and Countryside Act 1981 54 Land Updated: 12 April 2022; Ref: scu.138736
[2015] UKFTT NV – 2015 – 0001 Bailii Wildlife and Countryside Act 1981, Environmental Civil Sanctions (England) Order 2010, Regulatory Enforcement and Sanctions Act 2008 46 England and Wales Environment Updated: 16 January 2022; Ref: scu.644198
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
The claimant owned land which contained a canal. After disuse it had become subject an order declaring it a site of special scientific intrest. The owner complained that this removed his right to develop uses of the land and infringed his human rights. Held: The procedures did allow some development subject to controls. It was … Continue reading Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004
Application to quash orders modifying map of public rights of way by adding a new footpath. Rhodri Price Lewis QC DHCJ [2015] EWHC 893 (Admin) Bailii Wildlife and Countryside Act 1981 53 England and Wales Land Updated: 29 December 2021; Ref: scu.545121
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
The Fellowship appealed against confirmation of an order changing a Byway open to all traffic to a bridleway, thus excluding their members (in this case motorcyclists) from its use by motorised vehicles. Collins J [2015] EWHC 85 (Admin) Bailii Wildlife and Countryside Act 1981 Sch 15 P2 England and Wales Citing: Cited – Regina v … Continue reading Trail Riders Fellowship v Secretary of State for The Environment, Food and Rural Affairs: Admn 26 Jan 2015
Dove J [2014] EWHC 4009 (Admin) Bailii Wildlife and Countryside Act 1981 England and Wales Land Updated: 27 December 2021; Ref: scu.541629
Application was made to modfy the definitive map, moving a right of way by removing the right over one plot of land and creating another over other land. Mr Justice Collins [2003] EWHC 171 (Admin) Bailii Wildlife and Countryside Act 1981 Sch15 England and Wales Cited by: Cited – Todd, Bradley v The Secretary of … Continue reading Leicestershire County Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: Admn 20 Jan 2003
Challenge to license given to take and disturb certain birds. Lord Justice Phillips [2021] EWCA Civ 1637 Bailii, Judiciary Wildlife and Countryside Act 1981 England and Wales Animals, Licensing Updated: 17 December 2021; Ref: scu.669733
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
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
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
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
Appeal from finding that land was a bridleway. Peling HHJ [2013] EWHC 1401 (Admin) Bailii Wildlife and Countryside Act 1981 53 England and Wales Land Updated: 31 October 2021; Ref: scu.510192
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
The claimants, who promoted responsible motorsports challenged the defendant’s Traffic Regulation Order banning vehicular traffic on certain unsealed roads in the Dales, saying that there was nothing to show that the relevant committee had taken . .
The applicant sought to challenge an enquiry resulting in the confirmation of of a public right of way across his land. . .
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Residents claimed a right to use a way over the plaintiff’s land as access to a beach. The County Council after representation by the residents instituted proceedings under the 1981 Act having concluded that there was a public right of way. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath … Continue reading Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997
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
How should a surveying authority approach the evidence said to justify its making an order to add a footpath to its definitive map and statement of public rights of way under section 53 of the Wildlife and Countryside Act 1981? Judges: Lord Justice Simon, Lord Justice Simon Lord Justice Lindblom and Lord Justice Irwin, Lord … Continue reading Roxlena Ltd, Regina (on The Application of) v Cumbria County Council: CA 9 Oct 2019
The Council had, under section 53 of the 1981, Act modified its definitive map to add five footpaths including that under appeal. An inspector had refused to confirm three of the footpaths, including the one in dispute, and in accordance with his decision the Secretary of State had confirmed the order subject to that modification. … Continue reading Dyfed County Council v Secretary of State for Wales: CA 30 Nov 1989
Application to quash public footpath re-classification. Held: Sullivan J quashed an order with regret but did not consider any alternative. Judges: Sullivan J Citations: [2000] EWHC 652 (Admin), [2001] JPL 559 Links: Bailii Statutes: Wildlife and Countryside Act 1981 Cited by: Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008 The County Council had made … Continue reading Marriott v Secretary of State for the Environment: Admn 10 Oct 2000
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
Citations: [2003] EWHC 2470 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 1(2)(a) 21(a) Jurisdiction: England and Wales Crime, Animals Updated: 08 June 2022; Ref: scu.187315
A footpath on a definitive map may not be moved by means of an administrative order. Citations: Times 11-Nov-1994 Statutes: Wildlife and Countryside Act 1981 5 Jurisdiction: England and Wales Land Updated: 31 May 2022; Ref: scu.87718
Appeal by landowner against confirmation of public bridleway over his land. Citations: [2006] EWHC 2498 (Admin) Links: Bailii Statutes: Wildlife and Countryside Act 1981 Jurisdiction: England and Wales Land Updated: 28 May 2022; Ref: scu.245590
The defendant appealed by way of case stated against a decision convicting him of have clipped the wings of a jackdaw. Citations: [1998] EWHC Admin 779 Links: Bailii Statutes: Wildlife and Countryside Act 1981 591)(d) Animals Updated: 27 May 2022; Ref: scu.138900
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
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
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
A public enquiry is necessary where there is a real dispute over the existence of a public right of way. Citations: Times 24-Jun-1996 Statutes: Wildlife and Countryside Act 1981 Sch 14 Cited by: Appeal from – Regina v Secretary of State for Wales Ex Parte Emery CA 9-Jul-1997 The applicant had sought to have included … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: QBD 24 Jun 1996
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
The claimant applied to have quashed the East Sussex County Council (Crowlink Car Park To Flagstaff Point, East Dean and Friston No 37 Definitive Map Modification Order 1997. The Order modified the County Council’s definitive map and statement of public rights by adding a public footpath which runs from the car park at Crowlink to … Continue reading National Trust v Secretary of State for Environment: Admn 17 Dec 1998
The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Wildlife and Countryside Act 1981. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its … Continue reading Cabinet Office (Central Government) FS50550467: ICO 3 Feb 2015
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
The defendant was licensed to set Larson traps to catch magpies. The traps worked by keeping a magpie as a decoy to attract others. The evidence was that the trapped magpie suffered distress and injury because the trap was so small as not to allow . .
