Noémi Byrd represents the appellants in the Court of Appeal on an “important” rights of way point

On 4 December 2024 Noémi Byrd represented the appellants in the Court of Appeal, following the grant of permission to appeal by Lord Justice Lewison in a case concerning the evidential effect of an original definitive map of public rights of way (“DM”) .

At first instance the Court decided that section 56(1) of the Wildlife and Countryside Act 1981 (the “conclusive evidence” provision) applies to a copy of the definitive map – albeit containing an apparent error – due to the effect of section 57(3) of that Act. The judgment in McLeish v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 532 (Admin) can be read here.

The appellants contend that the initial presumption in favour of the DM should not apply in the event of an apparent error on the face of a copy of the DM prepared under section 57(3), and that section 56(1) should apply to the original DM as it is not subject to review under section 53. The appellants’ skeleton argument can be read here.

In granting permission to appeal, Lewison LJ stated that “the question whether a mapping error is a “modification” of a DM is an important point”.  The Court of Appeal’s decision is the first to deal with an apparent conflict between an original definitive map prepared under the National Parks and Access to the Countryside Act 1949, and a copy prepared under the 1981 Act. The appeal was heard by Lords Justices Coulson, Males and Holgate. Judgment was reserved.