Source: All England Reporter
Publisher Citation: [2009] All ER (D) 157 (Dec)
Neutral Citation: [2009] EWHC 3293 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Lloyd Jones J
Representation 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.
Judgment Dates: 16 December 2009

Catchwords

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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports