R v SoS Wales ex parte Emery
Language: English Series: All England Law Reports ; [1996] 4 All ER 1-20(11)Publication details: 1996Subject(s): Online resources: Summary: QBD, 4 June 1996. Following a landowner's refusal to allow public access to a riverbank footpath on his land, E applied to the local authority (X) under the Wildlife and Countryside Act 1981 s53 for an order modifying the survey map of the area to show the footpath as a public path. X rejected the application, concluding that the evidence was too weak to prove the existence of the path. E appealed to SoS Wales who held that there was no conclusive evidence and dismissed the appeal. E applied for judicial review and the question arose whether SoS Wales should determine the matter by public enquiry. "Held" SoS Wales had a duty to act fairly and that duty required a public enquiry to be held. Application allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS56020 (Browse shelf(Opens below)) | 1 | Available | 20468-1001 |
QBD, 4 June 1996. Following a landowner's refusal to allow public access to a riverbank footpath on his land, E applied to the local authority (X) under the Wildlife and Countryside Act 1981 s53 for an order modifying the survey map of the area to show the footpath as a public path. X rejected the application, concluding that the evidence was too weak to prove the existence of the path. E appealed to SoS Wales who held that there was no conclusive evidence and dismissed the appeal. E applied for judicial review and the question arose whether SoS Wales should determine the matter by public enquiry. "Held" SoS Wales had a duty to act fairly and that duty required a public enquiry to be held. Application allowed.