Seminar Paper – Illegality and the Creation of Rights after Bakewell Management (June 2004, Richard Harwood)

Seminar Paper – Illegality and the Creation of Rights after Bakewell Management (June 2004, Richard Harwood)


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This paper was originally presented at 39 Essex Street in June 2004.

“The residents of Newtown Common in Hampshire have the rare, and generally unwelcome, distinction of having secured two significant changes to the law on a single topic.  It is more unusual that the more decisive change in the law was secured by the Courts rather than by Parliament.  The topic was the creation of rights by criminal conduct.  The changes were the enactment of statutory easements in section 68 of the Countryside and Rights of Way Act 2000 and the decision of the House of Lords in Bakewell Management Limited v Brandwood [2004] UKHL 14…”


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