Determining existence of right of way
Determining existence of right of way
- 1994
- Times 6 May 1994, 36(1) .
In "R v SoS for the Environment ex parte Bagshaw", QBD 28 April 1994, it was held that when determining a claimant`s allegation as to the existence of a right of way, a local authority had to ask whether the available evidence showed that a right of way subsisted or that it was reasonable to allege that a right of way subsisted.
RIGHT OF WAY
In "R v SoS for the Environment ex parte Bagshaw", QBD 28 April 1994, it was held that when determining a claimant`s allegation as to the existence of a right of way, a local authority had to ask whether the available evidence showed that a right of way subsisted or that it was reasonable to allege that a right of way subsisted.
RIGHT OF WAY