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Lords Lloyd-Jones, Leggatt and Burrows have granted permission to appeal to the Supreme Court to the appellant landowners in their high-profile dispute with the Dartmoor National Park Authority over the existence of a public right to camp on Dartmoor.
Section 10(1) of the Dartmoor Commons Act 1985 granted to the public “a right of access to the commons on foot and on horseback for the purpose of open-air recreation”.
In the High Court, the Chancellor – Sir Julian Flaux – held that those words unambiguously excluded a right to camp on Dartmoor. He found in favour of the landowners. In the Court of Appeal, the Master of the Rolls – Vos LJ – held that those words unambiguously included a right to camp. The Court of Appeal allowed the Dartmoor National Park Authority’s appeal. The appeal to the Supreme Court will determine once and for all this important issue, namely whether members of the public enjoy a right to camp on the Dartmoor commons.
The Supreme Court will be asked to consider a number of principles applicable to statutory interpretation which will be of interest to practitioners. In particular, it will be invited to consider whether the Court of Appeal took sufficient account of admissible ‘background’ materials (i) in identifying the ‘mischief’ at which the legislation was aimed and (ii) in considering whether the statutory language was ambiguous.
The appeal raises an interesting question about the scope of the conditions set out in Pepper v Hart for admitting Parliamentary statements as aids to the interpretation of a statute. The Supreme Court will also be invited to consider whether the Court of Appeal properly applied the principles applicable to the interpretation of statutes which abridge property rights, such as the so-called ‘principle of legality’ and the presumption against expropriation. In addition, the appeal will involve a consideration of the principle that a ‘private’ Act is to be construed strictly against its promotor.
Timothy Morshead KC and Tom Morris act for the appellant landowners, instructed by James Pavey and Natalie Hayes-Green of Irwin Mitchell. Timothy Morshead KC also acted for the landowners in the Court of Appeal and the High Court.
