Whitworth v Secretary of State for Environment, Food and Rural Affairs: CA 20 Dec 2010

The claimants challenged the making of an order confirming a public right of way over their farmland.
Held: Where an order is subject to confirmation by the Secretary of State, the quashing of the ‘order’ relates to the original order as made by the authority, rather than simply to its confirmation by the Minister, with the result that everything following from that action is also invalidated, regardless of whether it had any relevance to the legal defect.


Maurice Kay, Carnwath, Tomlinson LLJ


[2010] EWCA Civ 1468




England and Wales

Cited by:

CitedWalton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.


Updated: 31 August 2022; Ref: scu.427381