Source: All England Reporter
Publisher Citation: [2002] All ER (D) 293 (Nov)
Neutral Citation: [2002] EWCA Civ 1701
Court: Court of Appeal, Civil Division
Judge:

Schiemann, Arden and Dyson LJJ

Representation George Laurence QC and David Wolfe (instructed by Brooke North Solicitors) for the claimant.
  Robin Green (instructed by Helmut Cartwright, Lewes) for the authority.
Judgment Dates: 20 November 2002

Catchwords

Highway - Footpath - Public right of way - Diversion - Submission of diversion order to Secretary of State - Removal of obstruction not being required before submission of order - Factors to be considered in deciding not to require removal of obstruction before submission of order - Deliberate obstruction of footpath - Refusal to remove obstructions.

The Case

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