000 01525cab a2200205 4500
001 ABS42710
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u38494
041 _aeng
245 _aR v Isle of Wight CC , ex parte O`Keefe and another
260 _c1990
350 _a0
490 _aProperty and Compensation Reports
_v(1990) 59 PCR 283-291(9)
520 _aQBD 16 February 1989 In the first application for judicial review of a decision of the council (I) on 2 December 1987. I made an order under the Wildlife and Countryside Act 1981 s53(3)(c)(i) adding to the definitive map a public right of way over land owned by O`s wife. In the second application, O`s wife applied for judicial review of the actual modification order made on 29 February 1988. Both contended that the council officials who presented the report to the relevant committee failed to present the evidence fully and failed to explain the law governing whether a public right of way existed. QBD held that the officials had failed to present the evidence fully and had failed to consider properly the legal problems arising when considering whether there was a public right of way, since they had not considered what effect the fact that the land had been held in trust for some years and mortgaged would have on that dedication . The modification order and the decision of I were quash
650 _aCASE LAW
650 _aHIGHWAYS
690 _aHIGHWAYS AND RIGHTS OF WAY-CASE LAW
942 _n0
948 _c04/03/1997
999 _c24742
_d24742