[2004] UKHL 14, 1 April 2004. HL overturned a previous CA decision ([2003] EWCA Civ 23, Abs66386), that Brandwood (B) and the other appellants were committing an offence in driving over common land owned by Bakewell Management (BM). CA had held that a prescriptive vehicular right could not be acquired as, under the Road Traffic Act 1988 and the Law of Property Act 1925 s193(4), it is illegal to drive a motor vehicle on land within 15 yards of a road without permission from the owner of the land. However, HL held that BM could have lawfully granted the necessary rights and assumed that consent had been given. The implication of this case is that where vehicular access has taken place for more than 20 years there is an established right of access under the prescription rules. This will affect homeowners, local authorities and private companies who own common land. It may also affect prescriptive rights which would otherwise have to be made under the Countryside and Rights of Way Act 2000 s68. View judgment at www.the-stationery-office.co.uk.