[2007] UKHL 28
Under the Highways Act 1980 s.31(1) there could only be "sufficient evidence" that a landowner had no intention to dedicate a path as a public way if the landowner performed overt acts so that the relevant audience, namely the users of the way, would reasonably have understood his intention.
HL (Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury)
20/06/2007