| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 437 (Mar) |
| Neutral Citation: | [2002] EWHC 481 (Admin) |
| Court: | Administrative Court |
| Judge: | Grigson J |
| Representation | David Wolfe (instructed by Brooke North, Leeds) for the claimant. |
| Katy Skerrett (instructed by Phillip Baker, East Sussex) for the defendant. | |
| Judgment Dates: | 27 March 2002 |
Catchwords
Highway - Diversion - Footpaths and bridleways - Defendant blocking footpath with large barn and other associated obstructions - Local authority proposing to take action against obstruction - Defendant proposing diversion of footpath - Authority acceding to proposal and submitting policy to Secretary of State for confirmation - Claimant objecting to diversion - Whether authority frustrating claimant's legitimate expectation.
The Case
A local authority had been entitled to submit a diversion order in respect of a footpath to the Secretary of State in circumstances where it had concluded that the removal of an obstruction on the footpath was not reasonably achievable.
Practice Areas
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