Forwarded to a.f.l for info
Martyn
The latest House of Lords decision (the Bakewell case*) opens the door to motoring user evidence in BOAT claims. Previously any motoring on a footpath, bridleway, or common, was ruled out as evidence unless it could be proven to have started pre 1930. Now any motoring user on such routes is valid evidence, unless it was challenged by the landowner or was by permission.
This could make old trials route cards, magazine comments on routes, and Wayfinder etc much more useful resources for all motorists - and we all need to remind anyone involved in using or claiming old roads to look out their old records and to let the right people know.
I wonder how long it will be before a panic response seeks a new Act to close this opportunity? Make the best of it while you can.
- Bakewell Management v Brandwood &c, overturning Hanning v Top Deck, and Robinson v Adair in respect of BOAT evidence.
Sincerely
Tim Stevens motor recreation development officer LARA - PO Box 20, Market Drayton TF9 1WR < LARAGB.org >