Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997

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 had not been a reasonable conclusion for the Secretary of State to reach that the evidence submitted in support of the application made under section 53 (5) was not such as to indicate that a right of way was reasonably alleged to subsist.


Nourse, Roch, Phillips LJJ


Gazette 23-Jul-1997, Times 22-Jul-1997, [1997] EWCA Civ 2064, [1998] 4 All ER 367, [1997] EG 114




Highways Act 1980 31, Highways Act 1981 53, Wildlife and Countryside Act 1981 Sch 14, National Parks and Access to the Countryside Act 1949


England and Wales


Appeal fromRegina 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. . .
CitedLloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
CitedRegina v Secretary of State for the Home Department ex parte Fire Brigades Union HL 5-Apr-1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The . .
CitedJacques v Secretary of State for the Environment CA 1995
The Inspector had found that the landowner had, by overt acts directed at users of the way in question, including the erection of locked gates and of fencing and of notices, disproved any intention on his part to dedicate.
Held: The . .
CitedRegina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
CitedRegina 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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 06 November 2022; Ref: scu.87975