Bakewell Management Limited v Brandwood, 1 April 2004 (House of Lords).

The House of Lords has overruled the decision of the Court of Appeal in this case and has decided that Hanning v Top Deck Travel Group Limited was wrongly decided.

The decision will bring welcome relief to all owners of properties to which the only vehicular access has been across common land and where the owners have (but for Hanning) acquired the right of access by prescription.

They will now be able to continue to use the established vehicular right of access over the common land without having to go through the scheme set up under section 68 of the Countryside and Rights of Way Act 2000, and without having to pay anything to the owners of the common land.