Source: All England Reporter
Publisher Citation: [2002] All ER (D) 437 (Mar)
Neutral Citation: [2002] EWHC 481 (Admin)
Court: Administrative Court

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


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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