News release
For immediate release
President of Ramblers’ Association Scotland, Dennis Canavan, today welcomed the House of Lords decision in favour of the Ramblers’ Association on an important test case on rights of way law in Dorset(1).
Dennis Canavan said:
“I am delighted that the Ramblers are prepared to take these access test cases to the highest court in the land in order to protect the public interest. The Dorset decision will be welcomed by everyone who is concerned with rights of way and it is excellent to note the favourable comments made by the judges on our access law in Scotland(2).”
“The Dorset decision may be a great help to us in Scotland as we work to keep paths open which were blocked before the new Scottish access legislation came into force.”
“For example, we are collecting evidence about public use of a claimed right of way on the Sauchieburn Estate, near Bannockburn, where a locked gate and barbed wire entanglements have prevented access for several years.”
“The Dorset decision is likely to be of great assistance in getting routes such as this opened up again to walkers, cyclists, horseriders and everyone who simply wants to enjoy our countryside without being stopped by barricades.”
ENDS
Notes For Editors:
(1) The judgement can be viewed at the House of Lords website:
(2) LORD SCOTT OF FOSCOTE
- “Scott LJ in Jones v Bates [1938] 2 AER 237 was very scornful about common law dedication. He described dedication as "usually quite imaginary", "often a pure legal fiction", and expressed a clear preference for prescription on the Scottish model where public user of the requisite quality for the requisite period would impel the legal conclusion that the path was public whatever the landowner might say or prove about his intention (see pages 244-245).”
RAMBLERS' ASSOCIATION NEWS RELEASE
