R (Godmanchester Town Council) v Secretary of State for the Environment, Food and Rural Affairs

Subject Matter

HIGHWAY — Right of way — Dedication — Application for modification order adding public footpath to definitive map and statement — Whether overt acts required as sufficient evidence of intention not to dedicate footpath — Whether necessary for evidence of intention not to dedicate to have been brought to users' notice throughout whole of relevant period — Highways Act 1980, s 31

[2004] EWHC 1217 (Admin); [2005] 1 WLR 926; [2004] 4 All ER 342, DC

HIGHWAY — Right of way — Dedication — Application for modification order adding footpath to definitive map and statement — Whether overt acts required as sufficient evidence of intention not to dedicate footpath — Whether necessary for evidence of intention not to dedicate to have been brought to users' notice throughout whole of relevant period — Highways Act 1980, s 31(1)

[2005] EWCA Civ 1597; [2006] QB 727; [2006] 2 WLR 1179; [2006] 2 All ER 960, CA

[2007] UKHL 28; [2008] AC 221; [2007] 3 WLR 85; [2007] 4 All ER 273, HL(E)

Appellate History