Chapter 13: Legal action over rights of way
Links and downloads referred to in the text of Chapter 13
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| 352 | Removal of obstructions from highways: enforcement of local highway authorities duty to prevent obstruction of highways. Notes to accompany Statutory Instrument 2004 No. 370 (Defra) | download |
| 352 | Removal of obstructions from highways (RA Advice Note) | link |
| 353-364 | Letters and informations for legal action | download |
Supplement to the text of Chapter 13
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| 331 | 13.1.3 Section 141 of the Tribunals, Courts and Enforcement Act 2007, brought into force on 1 April 2008, gives the court the power to substitute its own decision in certain cases of judicial review where the decision maker is a court or tribunal, the decision is quashed on the ground that there has been an error of law and if the High Court is satisfied that it is the only decision the court or tribunal could have reached. Tribunals, Courts and Enforcement Act 2007 (Commencement No. 3) Order 2008. |
link to Act download order |
| 332 | 13.1.3 The circumstances in which the court may overturn the decision of an administrative body include instances in which a procedure has been followed that is unfair to one of the parties. In R (Chaston) v Devon CC (2007) owing to uncertainty as to the correct route of a path, the surveying authority appointed an inspector to hold a non-statutory inquiry to hear the evidence and make a recommendation as to the correct route. The inspector found that of three possible routes, the correct one was down steps constructed by nearby landowners on a line that took the path away from the front of their properties. The other two routes were down a lane that ran in front of the properties. The inspector found that the correct route was, as contended by the landowners, down the steps. The authority subsequently received further representations from members of the public that supported a line that passed down the lane. The authority notified the landowners but did not refer the matter back to the inspector. The authority resolved to reject the inspector’s conclusion and determined that the correct line passed down the lane. In an application for judicial review of the authority’s decision the landowners sought an order that the decision should be quashed. The High Court held that, to have acted in a procedurally fair manner, the authority should have either informed the landowners of the further representations and invited them to comment, or referred the matter back to the inspector. Its failure to follow either course meant that the manner in which the decision had been reached was contrary to the rules of natural justice. The decision was therefore quashed and the matter referred back to the inspector for reconsideration in the light of the fresh evidence supplied. | link |