Ramblers free to roam thanks to change in law

A St John’s College graduate has won a landmark High Court victory on behalf of the walkers’ charity The Ramblers. The new ruling protects walkers from being crippled by costly legal fees in public right-of-way disputes.

When public footpaths are blocked or closed to walkers, The Ramblers often apply to the local council to have the obstruction removed in order to allow free access. If the case goes to court, the charity, which runs entirely on donations, may be stung by expensive legal costs.

This practice has been challenged by a recent High Court appeal which has led to a ground-breaking change in the law to protect ramblers from paying excessive expenses in future disputes.

Alistair Williams, a paralegal at the law firm Bates Wells Braithwaite, represented The Ramblers initially free of charge and led the law-changing case. Williams, who graduated from St John’s with a BA in law  in 2011, said:

Alistair Williams, a St John's graduate, led the High Court case“It was an exciting opportunity to lead on a case for a well-known client and I am really pleased with the outcome. I have a personal commitment to the Ramblers, being a walker myself. It is an important charity that represents the rights of walkers and this legal clarification should encourage others to use their rights with less fear as to the cost implications”.

The case which prompted the change in law began when Mr Wheeler, a rambler, complained to Norfolk County Council about an obstacle blocking a public footpath. The local council took the view that there was “no unlawful obstruction”. The dispute was later taken to the magistrates’ court.

The court rejected Wheeler’s case against the council, and ordered him to pay the legal costs for the entire proceedings, amounting to over £2,000. The “costs order” made to Mr Wheeler was made on behalf of the defendant, Norfolk County Council, but also on behalf of the individual landowner originally accused of blocking the footpath.

Mr Wheeler launched an appeal process which eventually made its way to the High Court. Alistair Williams, with his colleagues Melanie Carter and Matthew Orme, argued that while a magistrates’ court has the right to award legal costs to either the complainant or the defendant in a case, legal statute does not allow the court to allocate costs to “third parties” such as the private landowner.

This critical decision sets a new precedent for future disputes and ensures that charities like The Ramblers will be able to bring their concerns to court without fear of being made to pay extortionate legal fees in respect of third parties.

Bates Wells Braithwaite, where Alistair Williams has recently accepted a training contract, also had success representing The Ramblers in another recent case which has led to the Isle of Wight being added to a new footpath which is to be created around the entire English coast.