[2002] EWCA Civil 1634, 14 November 2002. The respondents (M) claimed a prescriptive right of way across common land on the basis that it had been used for many years by previous owners of their property. The appellants (B) contended that access was in breach of the Road Traffic Act 1988 s34(1)(a), which made driving a motor vehicle on 'common land, moorland or land of any other description' a criminal offence. This lead to the questions of whether the green fell under the term 'land of any other description' and whether a prescriptive right could be founded on the commission of a criminal offence. It was judged that B's argument failed because it was decided the use of 'any other description' by Parliament excluded the "eiusdem generis" rule of construction. M could not claim prescriptive rights as this could only be acquired where the public already had access but they were not proscribed from purchasing an easement from B under the Countryside and Rights of Way Act 2000 s68 and the Vehicular Access Across Common and Other Land (England) Regulations 2002. Held. B's appeal allowed.