I had by now realised that there was no help to be found in the more expected places. I had exhausted enquiries through my MP and the many government bodies set up to protect our interests. Nevertheless I realised that every T had to be crossed and every i dotted if I was to pursue justice for the commoners of Broxhead and the neighbourhood. I felt impelled to discover just what had gone wrong in the legalities of this peculiar case.
It was time to seek more professional help.
I had been lucky in one sense in that my nephew had grown up to become a barrister. It was he who had told me that the Consent Order from the Court of Appeal was not what it was being made out to seem. It was also he, in perhaps what was one of his very first High Court cases, who had won the Judicial Review against Hampshire County Council described in Part 23 of this series.
The unlucky part was the long wait for this to happen and the fact that he eventually chose to make ‘Intellectual Property’ his expertise rather than Common Land Law!
However, along the way I have had help from colleagues with the same interest, which is to save as much as possible of our common land heritage for future generations to enjoy for access, wildlife and environmental interests.
Perhaps most importantly, I have a very supportive husband who has enabled me to take advice and help from a handful of lawyers, all experts in the law of common land.
It was one of those who pointed out that the copy of Page 3 of the Consent Order from the Court of Appeal, was missing rather than misnumbered as I had at first thought. See PART 37.
So, time and money were the crucial ingredients for the following 2 – 3 years.
Next time: November 2017
It’s vitally important that riders know and maintain their Rights of Way.
If we don’t know and maintain our Rights of Way, we will have less and less land on which to ride.
The problem is knowing our Rights of Way!
“Without horseytalk we might as well all dig a hole and jump into it.” Maureen Comber
If anyone has tales they would like to tell or malfeasance they would like to reveal or something they are passionate about, then please get in touch.
Email: info@horseytalk.net