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RIGHT OF WAY

May 7th, 2026 by James Goudie KC

Ramblers Association v Cumberland Council and others (2026) EWCA Civ 534 concerns the meaning of “ actually enjoyed by the public for a full period of 20 years” and therefore deemed to have been DEDICATED AS A PUBLIC HIGHWAY pursuant to section 31 (1) of the Highways Act 1081. The Court of Appeal reaffirms ( para 40 ) that an intermission in use and an interruption of use are two quite different concepts, and ( para 50 ) that an intermission of use is relevant to the overall question of fact, and it is important to survey the extent and nature of the use over the whole of the relevant 20 year period. The reason for any intermission of use is likely to br relevant information : para 54. At para 64 the Court approved a summary of the law in 8 crisp propositions.

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