Ramblers win footpath test case

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A judge ruled the then Defence Secretary John Reid acted unlawfully when he "stopped up" Footpath 28 near RAF Mildenhall in Suffolk in September 2005.

Mr Justice Sullivan, sitting at London's High Court, said the minister erred in law because the MoD had failed to provide a replacement path.

The judge said the MoD had taken the view that members of the public could use the existing highway network.

But a replacement path or road "must always be provided at the expense of the MoD" when a path was closed for military reasons under the 1842 Defence Act.

He said it had been suggested that his ruling would lead to an "absurd" result because the MoD might be able to discharge its legal duty by providing a relatively short stretch of new path.

But he ruled that "provides no ground whatsoever for abrogating a clear statutory duty".

The judge granted the MoD permission to appeal against his ruling to the Court of Appeal after Natalie Lieven QC, appearing for the current Defence Secretary Des Browne, said his decision was of wide public importance.

Ms Lieven said: "There will be a number of other places around the country where these issues of national security and footpaths going through, or close to, military establishments will have to be considered.

"What powers are open to the secretary state is a matter of very great importance to him and also very great wider public importance."