Lewis v Thomas
| Jurisdiction | England & Wales |
| Judgment Date | 1950 |
| Date | 1950 |
| Year | 1950 |
| Court | Court of Appeal |
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11 cases
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R (Godmanchester Town Council) v Environment Secretary; R (Drain) v Environment Secretary
...of the particular case whether this is enough to amount to a sufficient interruption; that was the view taken by the Court of Appeal in Lewis v Thomas [1950] KB 438. Whatever the position, it is clear that, to be effective, the interruption need not last long in the context of twenty years ......
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The Queen (on the application of Preeti Pereira) v Environment and Traffic Adjudicators
...basis for this conclusion. “Interruption” means “actual and physical stopping”: Merstham Manor at 85. The question was one of fact: Lewis v Thomas [1950] 1 KB 438 at 442. The evidence of the Pereiras, who spoke of their position during the 13 years of their ownership of the land, did not p......
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Rowley and Another v Secretary of State for Transport, Local Government and the Regions
...such locking as there was constituted interruption, he concluded that the case was distinctly similar to the Court of Appeal decision of Lewis v Thomas [1950] 1 K.B. 438 and that in the circumstances he was satisfied that there was no 37In the Lewis case a track over agricultural land had ......
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R v Secretary of State for the Environment, Transport and the Regions and Another
...31(1) of the Act. These included Mersham Manor Limited v Coulsdon and Purley UDC [1937] 2 KB 77, Jones v Bates [1938] 2 AER 237, and Lewis v Thomas [1950] 1 KB 438. But none of these authorities seems to me to be relevant to the issue of what is required to bring into question the right of ......
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4 books & journal articles
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Public Rights of Way
...Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1040 (Admin) at [38] per Elias J; see also Lewis v Thomas [1950] 1 KB 438 at 444 per Lord Evershed: ‘I agree that a barring, and particularly a deliberate barring, of a way for an appreciable period would not nec......
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Creation of Highways
...user becomes contentious, user may no longer be ‘as of right’ and thus non-qualifying for the purposes of s 31. 46 See Lewis v Thomas [1950] 1 KB 438. 47 Fenlee Estates Ltd v City and County of Swansea and Another [2001] EWHC 360 (Admin) at [16] (discussing Lewis v Thomas [1950] 1 KB 438). ......
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Table of Cases
...of State for the Environment Food and Rural Affairs [2012] EWHC 1976 (Admin), [2012] All ER (D) 222 (Jul), QBD 6, 33, 60 Lewis v Thomas [1950] 1 KB 438, [1950] 1 All ER 116, 114 JP 81, CA 34 Littler v Liverpool Corporation [1968] 2 All ER 343n, 66 LGR 660, Assizes 90 Table of Cases xix Lyon......
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Creation of Rights of Way
...are relevant. For example, the blocking of a road by a broken down vehicle would not amount to a relevant interruption. Lewis v Thomas [1950] 1 KB 438. The locking of a door of an alleyway leading to shops and businesses over the Christmas period was held not to amount to a sufficient inter......