IN the magistrates court hearing on Friday, 14 January 2000, Rarebargain Ltd, the company registered as owner of the land over which the path runs, was charged with obstructing a public highway. The company?s solicitor declined to give a defence and left the courtroom before the full case was heard. He had sought a further delay to the hearing but had been instructed not to take part in the case if it went ahead.
During the case the Ramblers clearly proved the 100-year-old footpath was a public right of way and had been illegally blocked by the various obstructions, rendering it impassable for over a decade. Rarebargain Ltd was fined ?1,600 for two counts of blocking the footpath illegally and ordered to pay costs of ?3,500.
Jerry Pearlman, RA member and solicitor in the case, said: "This ruling is a victory for the British public, which quite naturally expects that all public footpaths are kept open for people to enjoy. The footpath network is part of our common heritage and the Ramblers? Association will do all in its power to defend the rights of the public."
The case was brought by Ramblers' access campaigner Kate Ashbrook. Outside the court she said: "We are determined that the public should be able to walk this footpath. Despite the magistrate's ruling the Ramblers may have to take further legal action to force the landowner to remove the obstructions blocking the public right of way.
"It is unsatisfactory that a magistrate can find someone guilty but has no power to order the removal of obstructions," said Miss Ashbrook. "We want to get the law changed and shall be lobbying the Government. This will be a good example why the law needs to be strengthened."
- The Ramblers would like to thank everyone who has generously supported our efforts throughout this campaign. However, a quarter of paths nationally are illegally blocked so please continue to help us safeguard public paths from other Van Hoogstratens. Please send any donations to The Ramblers' Association.
