R v SoS Wales ex parte Emery
R v SoS Wales ex parte Emery
- 1996
- All England Law Reports [1996] 4 All ER 1-20(11) .
QBD, 4 June 1996. Following a landowner's refusal to allow public access to a riverbank footpath on his land, E applied to the local authority (X) under the Wildlife and Countryside Act 1981 s53 for an order modifying the survey map of the area to show the footpath as a public path. X rejected the application, concluding that the evidence was too weak to prove the existence of the path. E appealed to SoS Wales who held that there was no conclusive evidence and dismissed the appeal. E applied for judicial review and the question arose whether SoS Wales should determine the matter by public enquiry. "Held" SoS Wales had a duty to act fairly and that duty required a public enquiry to be held. Application allowed.
R V SOS WALES EX P EMERY
WILDLIFE AND COUNTRYSIDE ACT 1981 S53
England and Wales--1543-
QBD, 4 June 1996. Following a landowner's refusal to allow public access to a riverbank footpath on his land, E applied to the local authority (X) under the Wildlife and Countryside Act 1981 s53 for an order modifying the survey map of the area to show the footpath as a public path. X rejected the application, concluding that the evidence was too weak to prove the existence of the path. E appealed to SoS Wales who held that there was no conclusive evidence and dismissed the appeal. E applied for judicial review and the question arose whether SoS Wales should determine the matter by public enquiry. "Held" SoS Wales had a duty to act fairly and that duty required a public enquiry to be held. Application allowed.
R V SOS WALES EX P EMERY
WILDLIFE AND COUNTRYSIDE ACT 1981 S53
England and Wales--1543-