Attorney General and Newton Abbot Rural District Council v Dyer

JurisdictionEngland & Wales
CourtChancery Division
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7 cases
  • Fairey v Southampton County Council
    • United Kingdom
    • Court of Appeal
    • 19 June 1956
    ...commencement of the Act. This was the view of Lord Evershed, Master of the Rolls (Mr. JusticeEvershed as he then was) in Attorney-General and Newton Abbot R.D.C. v: Dyer (1947 Chancery at page 89); and I agree with him. 10 Mr. Lamb pointed to the fact that Parliament allowed an interval of ......
  • Walsh v Sligo County Council
    • Ireland
    • High Court
    • 20 December 2010
    ...v. Esher Linoleum Co. Ltd. [1901] 2 Ch. 647; [1900-3] All E.R. Rep 743. Attorney-General and Newton Abbot Rural District Council v. Dyer [1947] 1 Ch. 67; [1946] 2 All E.R. 252. Barraclough v. Johnson (1838) 8 Ad. & E. 99; 112 E.R. 773; [1835-42] All E.R. Rep. 606. Bord na gCon v. Murphy [19......
  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • United Kingdom
    • House of Lords
    • 24 June 1999 attributable to the tolerance of past rectors of Sunningwell, but, as Evershed J. said of the origins of a public right of way in Attorney-General v. Dyer [1947] Ch. 67, 85-86: "It is no doubt true, particularly in a relatively small community … that, in the early stages at least, the t......
  • Commission for New Towns and Another v J. J. Gallagher Ltd
    • United Kingdom
    • Chancery Division
    • 16 December 2002
    ...Halsbury, op. cit., at paragraphs 65 and 78 to 80, section 31 of the Highways Act 1980, and Attorney General and Newton Abbott -v- Dyer [1947] Ch. 67 at 86 to 90). 77 Fifthly, if it is in issue whether or not a way is a highway, then the onus plainly lies on the person seeking to establish ......
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