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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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