Court of Appeal ruling shows the way ahead for the Ramblers | Winston Solicitors Skip to main content
Our news

Court of Appeal ruling shows the way ahead for the Ramblers

Jonathan Winston Jonathan Winston
3 min read

Truly believing in your cause and setting on a journey to make it right may take years of determination, research and historical evidence.

As far back as the early 1990’s, Mr John Andrews, Area Footpath Secretary for Suffolk Ramblers, decided to painstakingly research and apply for many public footpaths, known as rights of way, to be added to the definitive map which is the official record of public rights of way. He needed evidence, relying in many cases on paths described in Inclosure Acts. To summarise a brief part of English land history, during the late 1700’s an increasing number of local acts were being passed to allow the common lands within local parishes to be “enclosed” and laid out in private plots which would pass into the ownership of local parishioners following a process to establish rights carried out by local commissioners.

This was taking up a lot of parliament’s time so in 1801 they passed a general clauses act which provided standard clauses to be incorporated into local acts by reference.

In 1816 the Crudwell Act (a parish in Wiltshire) was passed incorporating the powers envisaged in the 1801 Act, and the Crudwell Inclosure Award was made in 1841. This included various public footpaths and bridleways.

Mr Andrews, from the Ramblers, became aware that a 10’ wide footpath and a 15’ wide bridleway which appear in the Crudwell Inclosure Award are not included on the Definitive Map for that area. His application to Wiltshire Council in 2012 to have them added under the Wildlife and Countryside Act 1981 was refused on the basis that in 1993 the High Court had ruled that the 1801 Act did NOT include a power to create new footpaths / bridleways and that the Crudwell Inclosure was therefore fundamentally flawed and had no effect.

An application for Judicial review followed which was unsuccessful. However the Court of Appeal has now ruled that the 1801 Act has to, and does, allow for the creation of public footpaths and bridleways. Therefore the two identified by John Andrews have to be added to the Definitive Map for Wiltshire and if any others can be identified, they must also be added to their local Definitive Maps. Experts have estimated that between 500 and 1000 such paths exist.

The Ramblers, together with Winston Solicitors in Leeds have been working together to ensure that no stone was left unturned to secure the reinstatement of what would have become “lost ways”. Following the ruling in the Court of Appeal, Winston's Civil Litigation solicitor said “the ruling is a fine example of the judiciary taking a pragmatic and purposive approach to looking at historical legislation and balancing the rights of the general public with those of private landowners. This ruling however is only the first step in the process of protecting the other potentially lost ways around England and we will continue to work with The Ramblers and any other interested parties to preserve these rights”.

https://www.independent.co.uk/news/uk/home-news/ramblers-celebrate-after-landmark-high-court-ruling-that-could-see-up-to-1-000-former-rights-of-way-reopen-10359570.html

Client feedback

Very politeand kept me up to date with everything that was going on,and will use again in the near future.
Andrew
Sam kept us fully informed, was always contactable and clearly knowledgable about all aspects of the Conveyancing process.
Anonymous
Extremely helpful outstanding service would highly recommend in the future
Shokat
Review for Wendy – Family Law Services at Winston’s Solicitors, LeedsI recently had the pleasure of working with Wendy from Winston’s Solicitors in Leeds on a family law matter, and I cannot recommend her highly enough. From our first consultation, Wendy was incredibly professional, empathetic, and thorough in her approach. She took the time to fully understand my situation, providing clear and concise advice at every step of the process.Throughout the entire case, Wendy was always available to answer any questions I had, and she made sure I felt supported and informed. Her knowledge of family law is exceptional, and I felt confident in her ability to handle my case. She was transparent about all costs, keeping me informed of any developments along the way.What truly stood out to me was her attention to detail and her ability to navigate what was a very emotionally charged situation with sensitivity and care. Wendy was not only a skilled professional but also genuinely understanding of the emotional impact of my case, which made a huge difference during a stressful time.Thanks to Wendy’s hard work and dedication, I was able to reach a favorable outcome, and I am incredibly grateful for her support. If you are looking for a compassionate and experienced family law solicitor, I would wholeheartedly recommend Wendy at Winston’s Solicitors.
Natalie
Very good service
Akbor
I am very thankful to Winston solicitors for helping me complete on my sale and purchase in just a couple of months. Communication was frequent, and I could always get hold of them when I needed to. The InTouch app was a brilliant feature for me to be able to track the sale.When the solicitor I was assigned went off unexpectedly, my case was still dealt with efficiently. Amanda and Joe were particularly good at keeping things moving, and keeping me in the loop, and I’m very thankful to these two for chasing and getting the sale through so quickly.I would recommend using Winston’s, and would use them again myself in the future.
Emma
Winston Solicitors - Outstanding Service – Highly Recommended!I cannot praise Winston Solicitors enough for their exceptional handling of my recent property sale and purchase. From start to finish, Leasa and Julie's professionalism, expertise, and attention to detail were nothing short of outstanding.They were consistently on top of every aspect of the process, providing timely updates, clear communication, and proactive advice at every stage. Their ability to anticipate potential issues and address them swiftly was truly impressive and made what could have been a stressful experience feel seamless and well-managed. More to the point I knew we were in good safe hands. Their dedication and commitment to ensuring everything progressed smoothly was evident throughout. They went above and beyond to meet deadlines, liaising effectively with all parties involved and providing me with complete confidence and peace of mind.If you are looking for a reliable, knowledgeable, and highly responsive legal team to handle your property transactions, I would not hesitate to recommend Leasa and her team at Winston Solicitors who gave me and absolutely first-class service!
Gary
Julie and Leasa helped me with the sale of our property. They did a wonderful job. They explained each step and were available for any questions. I would happily recommend them to anyone looking to sell their property
Mitchell