Secretary of State for the Environment, Transport and the Regions v Baylis (Gloucester) Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 14 April 2000 |
| Date | 14 April 2000 |
| Court | Chancery Division |
CHANCERY DIVISION
Bennett Construction (UK) Ltd v Baylis (Gloucester) Ltd Before Mr Kim Lewison, QC
Highways - agreement between landowner and council - evidence of acceptance by public of dedication of highway
An agreement between a landowner and a council constituted evidence of acceptance by the public for the purpose of dedication of a highway.
Mr Kim Lewison, QC, sitting as a deputy Chancery Division judge, so held finding, in the first action, in favour of the Secretary of State for the Environment, Transport and the Regions, the claimant.
The secretary of state sought a declaration that a strip of land of which Baylis (Gloucester) Ltd, the first defendant, was the registered proprietor, had been dedicated to the public. Baylis had purchased the land from Bennett Construction (UK) Ltd, the second defendant.
In the second action, his Lordship found partly in favour of Bennett Construction declaring that there had been no breach of the covenants implied under sections 2 and 3 of the Law of Property (Miscellaneous Provisions) Act 1994.
His Lordship held in favour of Baylis (Gloucester) Ltd that Bennett Construction was in breach of its contractual obligation to give vacant possession on completion.
Mr Jonathan Karas and Miss Kate Selway for the secretary of state; Mr Thomas Jefferies for Baylis (Gloucester) Ltd; Mr Gwilym Harbottle for Bennett Construction (UK) Ltd; Mr Alexander Hill-Smith for Tewkesbury Borough Council.
HIS LORDSHIP said that there had been an agreement in 1964 between Dowty Mining Equipment, the landowner at that time, and Gloucestershire County Council, the highway authority at that time, in order to dedicate a strip of land to widen the highway. The work on the disputed strip of land necessary to widen the highway was never carried out.
By the 1964 agreement, Dowty had demonstrated an immediate intention to dedicate the land. The agreement itself had also constituted acceptance by the public of the dedication. That was so even though it...
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Table of Cases
...RTR 119, [2004] 46 EG 151 (CS), CA 94 Secretary of State for the Environment, Transport and the Regions v Baylis (Gloucester) Ltd (2000) 80 P & CR 324, [2000] 3 PLR 61, [2000] 2 EGLR 13 18, 44 Seekings v Clarke (1961) 59 LGR 268, 105 Sol Jo 181, DC 49 Selby v Crystal Palace Gas Co (1862) 4 ......
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Table of Cases
...[2003] 2 WLR 1442, [2003] 3 All ER 76 185 Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd (2000) 80 P & CR 324, [2000] 3 PLR 61, [2000] All ER (D) 563, ChD 132 Sedleigh-Denfield v O’Callaghan [1940] UKHL 2, [1940] AC 880, [1940] 3 All ER 349, 109 L......
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Table of Cases
...70 P & CR D1, [1995] BCC 793 7.6, 7.8 Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd (2000) 80 P & CR 324, [2000] 3 PLR 61, [2000] 2 EGLR 13 6.5 Seymour v Flamborough Parish Council (1997) 1 Feb, Cty Ct; noted in Smith v Muller [2008] EWCA Civ 142......