000 01638cab a2200301 4500
001 ABS53579
008 090401t1995 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u5176
041 _aeng
245 _aCIN Properties Ltd v Rawlins and others
260 _c1995
350 _a0
490 _aEstates Gazette
_v(1995) 39 EG 148-151(4)
520 _aCA 1 February 1995. The appellant (C) holds a long lease of a shopping centre from a local authority which includes a number of internal pedestrian malls. These were not included on the plan of roads and paths expressly dedicated as public highways when the centre was created. The respondents (R) were banned from the shopping centre due to bad behaviour but they continued to frequent it. In proceedings by C seeking injunctions against R it was held that although the pedestrian malls were not subject to any walkway agreement, R had an equitable license to enter the centre. C appealed. Upheld on the grounds that C held its interest in the centre by a lease, and that provided for access to the centre by the public, it did not amount to a walkway agreement within Highways Act 1980 and therefore the pedestrian malls were not public highways.
650 _aEQUITABLE LICENCE TO ENTER
650 _aHIGHWAYS ACT 1980
650 _aPEDESTRIAN MALLS
650 _aPEDESTRIANISED AREAS
650 _aPUBLIC ACCESS
650 _aRIGHTS OF WAY
650 _aSHOPPING CENTRES
650 _aSWANSGATE SHOPPING CENTRE
650 _aWALKWAY AGREEMENT
650 _aWELLINGBOROUGH
690 _aHIGHWAYS AND RIGHTS OF WAY-CASE LAW
942 _n0
948 _c04/03/1997
999 _c3094
_d3094