Section 9
Evidence of existence of highways
9.1: General
John Sugden, Ph.D., C.Eng., MICE, MCIT, Cleveland C.C.
The records kept by highway authorities are generally a consolidation of the records
of different authorities prepared under legal frameworks which were quite different in
urban and rural areas respectively. These highway records are seriously inadequate for
today's requirements and often result in local authorities being open to challenge on the
fulfilment of their legal duties or the legality of their actions.
Timothy Straker, Barrister
Evidence should not be regarded as an unduly technical part of the law. Strict rules
of evidence do not apply to public inquiries into rights of way orders; provided the
evidence is relevant it will be admissible. When preparing for such an inquiry the chief
consideration must be whether the weight of the evidence to be presented is strong enough
to establish the proposition being pursued.
Christine Willmore, LL.B., Barrister,
Lecturer in Law, University of Bristol
Inclosure awards both created public rights of way and provided statutory evidence of
existing rights of way which they recorded. This article examines the provisions of the
Inclosure Acts of 1801 and 1845 and offers solutions to problems which commonly arise from
the interpretation of local awards, based on the analyses of previously unconsidered cases
from the early nineteenth century.
James Brightwell, Barrister
The burden and standard of proof, both in civil and in criminal cases, is discussed
with special reference to cases in which a highway authority may become involved.
9.2: Witnesses
Ross Crail, Barrister
An analysis of the significance of user evidence, the principles which govern the
relevance of such evidence in various circumstances where highway status is in issue, and
the number of witnesses whose evidence is required.
|
|