[Diggers350] Bad penny Darwall returns, Dartmoor wild camping at supreme court + Adverse posession free land channel

Tony Gosling tony at cultureshop.org.uk
Mon Jan 15 13:54:52 GMT 2024 

Emacs!
https://tlio.org.uk/14331-2/
<https://tlio.org.uk/14331-2/>See also: No Man’s 
Land? How To Claim Forgotten, Unclaimed UK Land 
For Free through Adverse Possession laws

Landowner’s supreme court case threatens 2023 Dartmoor wild camping victory

https://tlio.org.uk/landowners-supreme-court-case-threatens-2023-dartmoor-wild-camping-victory/
<https://tlio.org.uk/landowners-supreme-court-case-threatens-2023-dartmoor-wild-camping-victory/>15 
January 2024 
<https://tlio.org.uk/author/tony/>Tony 
Gosling<https://tlio.org.uk/landowners-supreme-court-case-threatens-2023-dartmoor-wild-camping-victory/#respond>L 
eave a comment

Landowner’s supreme court case threatens Dartmoor wild camping victory

<https://news.sky.com/story/dartmoor-rangers-to-wear-body-worn-video-cameras-after-rise-of-abuse-13044107>See 
also: Dartmoor ‘robot rangers’ to wear body-worn 
video cameras after ‘rise of abuse’ by wild 
campers they are trying to evict 
<https://news.sky.com/story/dartmoor-rangers-to-wear-body-worn-video-cameras-after-rise-of-abuse-13044107> 


Emacs!


Alexander Darwall is challenging decision last 
year to overturn ban on wild camping on the moors

<https://www.theguardian.com/environment/2024/jan/10/landowners-supreme-court-case-threatens-dartmoor-wild-camping-victory>Helena 
Horton Environment reporter – Wed 10 Jan 2024

The right to wild camp on Dartmoor could be under 
threat again after the supreme court granted 
permission for a wealthy landowner to bring a case against it.

Last year, the Dartmoor National Park Authority 
won an appeal against a decision to ban wild camping on the moors.

Camping had been assumed to be allowed under the 
Dartmoor Commons Act since 1985, until a judge 
ruled otherwise last January. It was the only 
place in England that such an activity was 
allowed without requiring permission from a landowner.

The case hinged on whether wild camping counted 
as open-air recreation, leading to a long debate 
in the court of appeal. Lawyers acting for 
Alexander Darwall, the landowner, argued it was 
not, because when camping one was only sleeping 
rather than enjoying a particular activity.

After the court of appeal decision, lawyers 
acting for Darwall, a hedge funder and Dartmoor’s 
sixth-largest landowner, asked the supreme court to hear the case.

Darwall bought the 1,619-hectare (4,000-acre) 
Blachford estate on southern Dartmoor in 2013. He 
offers pheasant shoots, deerstalking and holiday rentals on his land.

His attempts to ban wild campers from using his 
estate without his permission sparked a large 
protest movement, with thousands going to 
Dartmoor to assert their right to camp. It 
awakened a land rights debate in the UK, with the 
Labour party weighing in. The party previously 
said it would legislate for a right to wild camp 
in all national parks. However, it since appears 
to have U-turned on its land rights policy.

Lewis Winks, from the Stars Are For Everyone 
campaign, said: “The loss of our cherished right 
to sleep under the stars on Dartmoor ignited a 
passionate and broad movement for greater land 
rights in England. This news is confirmation that 
reform is both needed and inevitable, and will 
act as a clarion call to all those who wish for 
generations to come to enjoy these fundamental freedoms.

“As ever, the right to wild camp is emblematic of 
the fragility of our wider rights in the English 
countryside, and Darwall’s latest egregious move 
illustrates the need for greater legal protections for access to nature.

“We hope that the court sees sense and returns a 
favourable verdict, enabling wild camping to 
continue on the commons of Dartmoor.”

Darwall’s legal team at Landmark Chambers said 
that the high court held that the words in the 
act “unambiguously excluded a right to camp on 
Dartmoor” and found in favour of the landowners. 
The court of appeal held that it “unambiguously 
included a right to camp” and 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,” it said.

“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.”


























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