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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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At a recent Rights of Way Public Inquiry, the inspector

Customer Question

`At a recent Rights of Way Public Inquiry, the inspector directed by Secretary of State DEFRA refused to allow me to give my opening statement and witness statement, stating "I am not going to waste the time of this inquiry in listening to these statements, they are too long and contain some irrelevant material" he also would not allow me to question Council official. Was he legally allowed to do so.?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Can you better explain the situation. Do you own the right of way? Over whose land does the right of way run? What is your own interest in the right of way? In what capacity did you appear at the Inquiry? Is it a private or a public right of way?
Customer: replied 2 years ago.
The Right of Way was imposed upon me 23 years ago, and I have been fighting it since, I own the land.I have the support of many authorities and my local MP. It is based upon the use of Section 31 Highways act. User evidence forms, which have all been recently analysed and have been proven to be invalid.The Inspector would not allow me to read my statements because it revealed the truth. The path was originally an occupational path used by the previous owners (Market Gardeners)
Expert:  Buachaill replied 2 years ago.
2. Failing to allow you present your opening statement and witness statement is grounds to judicially review the decision made by the INquiry as you were not allowed fair procedures in accordance with the Human Rights Act and Article 6 of the European Convention on Human Rights. The Inquiry can, validly, exclude evidence and Rule 10 gives them this power. HOwever, they cannot do it to exclude the evidence of the party affected by the right of way. This gives rise to a judicial review as it does not accord with the guarantee of fair procedures in decision making. You have the right to be heard and it has been violated here.