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Regina v Surrey County Council, ex parte Send Parish Council: 1979

Under the section, the highway authority has duties when informed by a parish council that a highway has been unlawfully stopped. The highway authority must, ‘unless satisfied that the representations are incorrect’, take proper proceedings accordingly. It is not for the court to decide whether there is a public footpath or not: the question is whether there is sufficiently strong evidence on which the highway authority could reasonably have decided that a public footpath existed.

Citations:

(1979) 40 PandCR 390

Statutes:

Highways Act 1959

Jurisdiction:

England and Wales

Cited by:

CitedMear and others v Cambridgeshire County Council ChD 20-Oct-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 10 May 2022; Ref: scu.245551

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