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16 May 2014
Issue: 7606 / Categories: Case law , Law digest , In Court
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Inclosure Acts

R (on the application of Andrews) v Secretary of State for Environment, Food and Rural Affairs [2014] EWHC 1435 (Admin), [2014] All ER (D) 72 (May)

The word “private” in the list in s 10 of the Inclosure (Consolidation) Act 1801 was that it applied to all constituent elements of that list. That s 10 of the 1801 Act was designed to deal with “private” rights of way and s 8 of the 1801 Act was designed to deal with “public” rights of way was confirmed by the provisions concerning how the maintenance expenses of each were to be met. The argument that the terms of s 11 of the 1801 Act showed that the word “private”, at the beginning of the list in s 10 of the 1801 Act, was confined to “roads” did not survive the arguments to the contrary.

 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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