TECHNICAL FORUMS > National Access Discussions

Should BCA push ahead with a test case for CRoW access?

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Brains:
Given the attempts of currently unamed members of CSCC to force BCA's hand into defaulting to a no action response to recent changes announced, would members of this forum like to see this test case pushed forward, or allowed to die on the vine?

2xw:
https://ukcaving.com/board/index.php?topic=17532.0

Note Capn Chris's somewhat accurate comment from 2014 applying to all walks of life  :clap2:

mikem:
It's not really a test case, it's challenging the Welsh assembly decision...

Stuart France:
You’re right in the sense that the proposed JR case challenges a Welsh Government decision (but not one of the Assembly as that’s equivalent of Parliament here).

But the point you are missing is that in Judicial Review cases the Court can make declarations or give clarifications about the law and give orders to the loser which we would ask to include the following:

(a) Caving is covered by “open-air recreation” in the CROW Act
(b) Caving is covered by “air and exercise” in the Law of Property Act
(c) Caves are covered by the term “access land” in the CROW Act
(d) Caves are covered by the legal definition of “land” given in the LPA - and thus by "access land" and so on
(e) The government decision to drop caving off their reform agenda must be reversed, and my application to join their reform working group in Wales must be accepted, and to appoint me.

Is that enough by way of potential benefits at national level set against the risks and cost of taking legal action at local level?

Pete K:
Of course this needs to be pursued, that is the direction that the BCA has been mandated to follow by a ballot of its members. If it doesn't, then surely it becomes a pointless entity with no place in this world. I'll put my hand in my pocket to help fund this if needed, although as an unemployed outdoor instructor in lockdown, I can't make £50k!

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