Publisher Citation: [2006] All ER (D) 211 (Oct)
Court: Queen's Bench Division (Administrative Court)

Sullivan J

Representation Stephen Sauvain QC (instructed by DWF, Liverpool) for the claimant.
  Jonathan Karas QC (instructed by the Solicitor to Defra) for the Secretary of State.
Judgment Dates: 18 October 2006


Highway - Classification - Definitive map - Downgrading of way - Whether cogent evidence way not used as bridleway.

The Case

Having regard to the material before him and applying settled principles, the inspector had been entitled to reach the conclusion that there was no cogent evidence to demonstrate that a bridleway that passed over the claimant's land should be downgraded to a footpath. In reality, the claimant's complaint related to the weight that had been attached to, and the inferences that had been drawn from, the evidence, which were matters for the inspector.

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