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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

Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council: Admn 31 Jul 1998

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

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

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

Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 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

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

Trail Riders Fellowship v Secretary of State for The Environment, Food and Rural Affairs: Admn 26 Jan 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

Leicestershire County Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: Admn 20 Jan 2003

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

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

Paton v Devon County Council and Another: Admn 16 Jan 2013

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

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 v Secretary of State for Wales Ex Parte Emery: QBD 24 Jun 1996

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

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

National Trust v Secretary of State for Environment: Admn 17 Dec 1998

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

Cabinet Office (Central Government) FS50550467: ICO 3 Feb 2015

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

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