We have significant experience in relation to footpaths, rights of way and countryside access. We have been involved in many of the leading cases in this area of law and we regularly work with clients who are seeking to protect existing public paths or to establish new rights of way.

Public footpaths, bridleways, cycle routes and other rights of way are crucially important to ensure public access to the outdoors is protected and to enable people to travel sustainably. They are the primary way that most of us can enjoy the countryside.

Our experience in this area includes:

  • Successful High Court challenge of a decision by an Inspector not to add a route to the definitive map
  • Representing the Open Spaces Society, a statutory consultee in relation to all path change proposals under the Highways Act 1980 and the Wildlife and Countryside Act 1981, in a case relating to the lawfulness of diverting a footpath
  • Representing the Open Spaces Society in a successful challenge to a “stopping up” order by the Secretary of State for Transport which would have prevented public access to certain highway land
  • Successful challenge to deregistration of common land, preserving public access, including to a cycle route
  • Rights of passage for vessels in marine areas
  • Issues over the establishment of a national path around the coast set against effects on areas important for wildlife
  • The conundrum of whether access to land permitted by the Countryside and Rights of Way Act 2000 extends to caving – is caving an “open air” activity?