16 May 2014
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.
