Source: All England Reporter
Publisher Citation: [2002] All ER (D) 305 (Jul)
Court: Court of Appeal, Civil Division

Schiemann, Buxton and Longmore LJJ

Representation Peter Birts QC and Peter Mantell-Sayer (instructed by Ashton Graham, Bury St Edmunds) for the claimants.
  Douglas Edwards (instructed by Giles Pink, Stroud) for the local highway authority.
Judgment Dates: 22 July 2002


Highway - Diversion - Footpaths and bridleways - Claimants applying for diversion of footpath - Local authority making order to divert footpath - Objections being received - Local authority refusing to submit matter to Secretary of State for confirmation - Whether authority obliged to submit matter to Secretary of State - s 119.

The Case

Section119 of the gave a local highway authority a discretion not to embark upon the statutory process involved in footpath diversion, even where the condition precedent that such a diversion would be in a landowner's or the public's interest was fulfilled. Furthermore, there was no express duty on an authority to submit an opposed footpath diversion order to the Secretary of State to be confirmed, and given that an authority had a discretion as to whether to embark on the statutory process, there was no policy reason why such a duty should be implied.

Practice Areas

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