[2004] EWHC 1450 (Admin), 22 June 2004. Considered the extent to which the public had a right over a byway. The claimants (T) applied to quash Hampshire CC's (H) order under the Wildlife and Countryside Act 1981 s53(3)(c)(i) to include a way over land, in the form of a lane that had formed part of an estate, into a Byway Open to All Traffic (BOAT). T had interest in land over which the way ran. T did not object to the inclusion of the way on the definitive map of public rights of way, but objected to it being included as a BOAT. H's order had been confirmed by the defendant (E) who, under the Wildlife and Countryside Act 1981 s53(6) and Sched 15, had been satisfied on the balance of probabilities that the way subsisted. "Held": application granted on the grounds that the inspector had applied too low a standard of proof for the existence of a byway open to all traffic. View judgment at www.courtservice.gov.uk.