Paul Wilmshurst appears in High Court challenge over historic highway width determination

Paul Wilmshurst of New Square Chambers is appearing today, Thursday 22nd May, in the High Court (King’s Bench Division, Administrative Court) on behalf of the Second Interested Party, Thomas Lewis, in the case of Wilkins and another v Secretary of State for Environment, Food and Rural Affairs and others.

The claim, brought under paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981, challenges a decision of an Inspector concerning the legal width of a historic route (referred to as AB27) adjoining the Morghew Estate in Kent.

Mr Wilmshurst represents Mr Lewis, the owner of the Morghew Estate and neighbour to the Claimants. The litigation concerns the extent of a public highway across the estate and the correct legal approach to finding its width.

The case raises important questions of law relating to the principles of highway dedication, the interpretation of historical evidence, and the limits of public law challenge in the context of Definitive Map Modification Orders.