Source: All England Reporter
Publisher Citation: [2012] All ER (D) 183 (Jan)
Court: Queen's Bench Division, Administrative Court (London)
Judge: Charles J (judgment delivered extempore)
Representation William Upton (instructed by Clarke Wilmott LLP) for the claimant.
  Robert Palmer (instructed by the Treasury Solicitor) for the Secretary of State.
  The second respondent did not attend and was not represented.
Judgment Dates: 25 January 2012

Catchwords

Easement - Existence - Action in which existence of easement in issue - First Respondent Secretary of State appointing inspector to reconsider existence of public right of way across claimant's land - Inspector initially finding public right of way existing - Claimant resisting finding - Inspector confirming finding - Claimant challenging decision - Whether sufficient reasons given - Whether all relevant factors considered - , ,15.

The Case

Easement Existence. The Administrative Court, in allowing the claimant's claim, held that, in reaching his decision to confirm his order under s53(2) of the the inspector had failed to give sufficient reasons for his decision and-or had failed to take into account relevant considerations.

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