*R (on the application of Andrews) v Secretary of State for Environment, Food and Rural Affairs

Highway – Definitive map. In a test case with the potential to affect 500 to 1000 other public rights of way, the claimant challenged the defendant Secretary of State's decision, upholding a local authority's refusal to modify the definitive map of the area to include a public bridleway. The Administrative Court determined that, properly construed, s 10 of the Inclosure (Consolidation) Act 1801 was designed to deal with 'private' rights of way only. Accordingly, the authority had been right to reject the claimant's claim and the Secretary of State had been right to dismiss the appeal.

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