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

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

Does section 10(1) of the Dartmoor Commons Act 1985 (the “1985 Act”) confer on the public a right to pitch tents or otherwise make camp overnight on the Dartmoor Commons (“the Commons”)?

Facts

The Dartmoor National Park was designated as a national park in 1951 under the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”). 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 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 part of the Commons. Section 10(1) of the 1985 Act (“section 10(1)”) provides “Subject to the provisions of this Act and compliance with all rules, regulations or byelaws relating to the commons and for the time being in force, the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation…”. In Autumn 2021, Dartmoor National Park Authority (“DNPA”) consulted the public on amendments it proposed to make to the byelaws relating to Dartmoor. The Appellants had become concerned about the potential harm arising from camping on the Commons near Stall Moor. They claimed that the right of access established by section 10(1) does not extend to a right for the public to camp, but DNPA disagreed. The Appellants brought a claim, seeking a declaration that section 10(1) 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. The Court of Appeal disagreed and held that section 10(1) confers a right to engage in camping on the Commons. The Appellants now appeal to the Supreme Court.

Date of issue

31 August 2022

Judgment appealed

Judgment details

Judgment date

21 May 2025

Neutral citation

[2025] UKSC 20

Appeal

Justices

Lord Reed

Lord Sales

Lord Stephens

Lady Rose

Lady Simler

Hearing dates

Start date

8 October 2024

End date

8 October 2024

Watch hearings

Back to top