Kent County Council v Upchurch River Valley Golf Course Limited: Admn 21 Nov 1997

The defendants had been acquitted of obstructing a public highway across their golf course. The authority appealed.
Held: The obstruction was deliberate. If the defendants wanted to challenge the status of the pathway on the definitive map, then they should do so by proper means.

Citations:

[1997] EWHC Admin 1035

Links:

Bailii

Statutes:

Highways Act 1990 130

Jurisdiction:

England and Wales

Citing:

CitedArrowsmith v Jenkins 1963
Lord Parker CJ said that ‘wilfully’ in the context of an accusation of wilfully obstructing a highway means ‘intentionally as opposed to accidentally, that is, by an exercise of his or her free will’ . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 14 October 2022; Ref: scu.137980