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Published on 26/02/2019
Counsel was the advisor for Wiltshire County Council and then trial advocate at a lengthy trial in Bristol High Court at which the Council successfully defended complex claims brought by Fortune & Others.
There is a substantial judgement on BAILLI at  EWHC B33 (Ch).
Mr Burns was also involved as junior in the successful defence against the appeal against this judgment. This case involved alleged public rights over a lane in Chippenham and involved detailed consideration of very extensive historical and cartographical sources going back to the Norman Conquest, and how legally this material should be approached; the principles of common law and statutory dedication of highways; verges and New Streets, and novel issues arising under NERCA 2006.
Taken as a whole was one of the most significant pieces of litigation in the courts in these areas of the law in recent years.