Dartmoor National Park Authority (Respondent) v Darwall and another (Appellants)

Case summary

Case ID

UKSC/2023/0126

Parties

Appellant(s)

(1) Alexander Darwall, (2) Diana Darwall

Respondent(s)

Dartmoor National Park Authority

Intervener(s)

The Open Spaces Society

Issue

1. Was the Court of Appeal's interpretation of section 10(1) of the Dartmoor Commons Act 1985 (the "Act") wrong because it did not: (a) correctly look to the issue the Act was intended to address, in the context of reviewing appropriate background materials; or (b) interpret the Act consistently with relevant legal principles (including the principle of legality and the principle against expropriation)? 2. Was the Court of Appeal wrong to hold that Pepper v Hart could not apply or did not assist the Appellants?

Facts

The appeal concerns the rights established by section 10(1) of the Act. The Dartmoor National Park was designated as a national park in 1951. Within Dartmoor National Park, there are areas of moorland which are privately owned but on which other locals have the right to put their livestock (the "Commons"). The Appellants are farmers, landowners and commoners who have owned and lived at Blachford Manor, on Dartmoor, since 2013. The Appellants' land includes a section of land called "Stall Moor", which is in the Commons and which they use to graze livestock. In Autumn 2021, Dartmoor National Park Authority consulted the public on amendments it proposed to make to the byelaws relating to Dartmoor. The Appellants had become concerned about the potential harm of camping on the Commons near Stall Moor. They claimed that the right of access established by section 10(1) of the Act does not extend to a right for the public to camp or wild camp but Dartmoor National Park Authority disagreed. The Appellants brought a claim, seeking a declaration that section 10(1) of the Act does not grant the public a right to camp on the Commons. The High Court held that section 10(1) did not grant such a right. However, the Court of Appeal disagreed with the High Court and held that section 10(1) does confer a right to engage in wild camping. The Appellants now appeal to the Supreme Court.

Date of issue

31 August 2022

Judgment appealed

Appeal

Justices

Lord Reed

Lord Sales

Lord Stephens

Lady Rose

Lady Simler

Hearing dates

Start date

8 October 2024

End date

8 October 2024

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