R (on the application of (1) Godmanchester Town Council (2) Drain) V Secretary of State for the Environment , Food and Rural Affairs and (1) Cambridgeshire CC (2) Yatten (Record no. 79090)

MARC details
000 -LEADER
fixed length control field 02032cab a22002295a 4500
001 - CONTROL NUMBER
control field L139782
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070808e20070620xxk f w 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u139782
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title R (on the application of (1) Godmanchester Town Council (2) Drain) V Secretary of State for the Environment , Food and Rural Affairs and (1) Cambridgeshire CC (2) Yatten
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] UKHL 28, 20 June 2007. The appellants in both cases argued that under the Highway Act 1980 s31(1) footpaths which had been in use by the public for 20 years would automatically assume the status of a public footpath. This was the case unless there was "sufficient evidence" that the owner of the land had not intended it to be open to the public. The respondents' cases had turned on two points related to this: (1) whether the sufficient evidence had to be demonstrated by the landowners or whether the intention known only to themselves was sufficient evidence; and (2) whether that intent had to be demonstrated for the full 20 years or just at some point within that period. "Held": (1)The law as stated in Fairey V Southampton CC and SOS Environment V Beresford Trustees was correct. The test of sufficient evidence was objective. The landowner would have to communicate his intention to the public in some way. An uncommunicated intention could not satisfy the proviso. (2) The intention not to dedicate did not have to be demonstrated continuously for 20 years, and merely meant "at some point within that period". Appeals allowed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GODMANCHESTER TOWN COUNCIL V SOS ENVIRONMENT AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DRAIN V SOS ENVIRONMENT AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FAIREY V SOUTHAMPTON CC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SOS ENVIRONMENT V BERESFORD TRUSTEES
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Boundary disputes
9 (RLIN) 6221
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/uk/cases/UKHL/2007/28.html">https://www.bailii.org/uk/cases/UKHL/2007/28.html</a>
Public note View the judgment free of charge at www.bailii.org.uk...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 08/08/2007   ONLINE PUBLICATION 139782-1001 06/08/2019 1 06/08/2019 Journal article