||All England Reporter
|| All ER (D) 157 (Dec)
|| EWHC 3293 (Admin)
||Queen's Bench Division, Administrative Court (London)
Lloyd Jones J
||George Laurence QC and Ross Crail (instructed by Zermansky Solicitors) for the appellant.
||The first respondent did not appear and was not represented.
||Stephen Sauvain QC (instructed by Thompson & Cooke Solicitors) for the second respondent.
||16 December 2009
Highway - Obstruction - Removal - Duty of highway authority - Appellant alleging metal gate across route of footpath constituting obstruction - Application made to magistrates' court for order requiring highway authority to secure removal of gate - Application being dismissed - Crown Court upholding magistrates' court's ruling on appeal - Whether perversity in Crown Court's finding of fact relating to footpath - Whether Crown Court erring - ss 130B, 137.
Highway Obstruction. The Administrative Court, in dismissing the instant appeal by way of case stated, held that the Crown Court had not reached a perverse decision or made any error of law in finding against the appellant in his appeal from a decision of a magistrates' court that a particular gate was not on the line of a public footpath and so did not require an order for its removal.
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