Young men were barred from a shopping centre. The private company owner considered that their behaviour was a nuisance.
Held: The owner had the right to determine any licence which the applicants might have had to enter the Centre. The local authority had not entered into any walkways agreement with the company which would have dedicated the walkways or footpaths as public rights of way, and which would have given the local council the power to issue bye-laws regulating use of those rights of way. Nor was there any basis for finding an equitable licence.
Judges:
Lord Phillips
Citations:
[1995] 2 EGLR 130
Statutes:
Highways Act 1971 18(1), Highways Act 1980 35
Jurisdiction:
England and Wales
Cited by:
Cited – Appleby and Others v The United Kingdom ECHR 6-May-2003
The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 12 December 2022; Ref: scu.182210