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25 January 2013 / Carl Calvert
Issue: 7545 / Categories: Features , Expert Witness , Property
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Weighing up the scale

How can practitioners navigate through the difficulties of enlarging maps, asks Carl Calvert

This case of judicial review brought by the Trail Riders’ Fellowship (TRF) in The Trail Riders’ Fellowship & Anor v R & Dorset County Council [2012] EWHC 2634 (Admin), [2012] All ER (D) 15 (Oct) concerned five routes over which the claimants maintained that the public enjoyed vehicular public rights of way which were not recorded on the definitive map statement (DMS). To add a right of way to the DMS an application has to be made to the surveying authority, usually the county council.

In this case the application to Dorset County Council  was made on a map which had its basis on an OS 1:50,000 scale map enlarged to 1:25,000. Regulation 2 of the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 (SI 1993/12) (the 1993 Regulations) state that: “A definitive map shall be on a scale of not less than 1:25,000 but where the surveying authority wishes to show on a larger scale any particulars

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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