CIN Properties Ltd v Rawlins and others
CIN Properties Ltd v Rawlins and others
- 1995
- Estates Gazette (1995) 39 EG 148-151(4) .
CA 1 February 1995. The appellant (C) holds a long lease of a shopping centre from a local authority which includes a number of internal pedestrian malls. These were not included on the plan of roads and paths expressly dedicated as public highways when the centre was created. The respondents (R) were banned from the shopping centre due to bad behaviour but they continued to frequent it. In proceedings by C seeking injunctions against R it was held that although the pedestrian malls were not subject to any walkway agreement, R had an equitable license to enter the centre. C appealed. Upheld on the grounds that C held its interest in the centre by a lease, and that provided for access to the centre by the public, it did not amount to a walkway agreement within Highways Act 1980 and therefore the pedestrian malls were not public highways.
EQUITABLE LICENCE TO ENTER
HIGHWAYS ACT 1980
PEDESTRIAN MALLS
PEDESTRIANISED AREAS
PUBLIC ACCESS
RIGHTS OF WAY
SHOPPING CENTRES
SWANSGATE SHOPPING CENTRE
WALKWAY AGREEMENT
WELLINGBOROUGH
CA 1 February 1995. The appellant (C) holds a long lease of a shopping centre from a local authority which includes a number of internal pedestrian malls. These were not included on the plan of roads and paths expressly dedicated as public highways when the centre was created. The respondents (R) were banned from the shopping centre due to bad behaviour but they continued to frequent it. In proceedings by C seeking injunctions against R it was held that although the pedestrian malls were not subject to any walkway agreement, R had an equitable license to enter the centre. C appealed. Upheld on the grounds that C held its interest in the centre by a lease, and that provided for access to the centre by the public, it did not amount to a walkway agreement within Highways Act 1980 and therefore the pedestrian malls were not public highways.
EQUITABLE LICENCE TO ENTER
HIGHWAYS ACT 1980
PEDESTRIAN MALLS
PEDESTRIANISED AREAS
PUBLIC ACCESS
RIGHTS OF WAY
SHOPPING CENTRES
SWANSGATE SHOPPING CENTRE
WALKWAY AGREEMENT
WELLINGBOROUGH