So basically the judge is saying ARAG have no legal authority / remit so what ever they say can simply be ignored as it is only adviceLike the difference between Must /can not and should not in regulations etc.. The former is legally enforceable the later is merely a request.So the Welsh Gov now need to publish their own independent diktat on whether CRoW applies or not and not use that of the steering group.In other words until WG publish their own rules people are free to carry on as if CRoW does cover caving (or not if that is their preference) --- with a landower attempting taking civil action over something there isn't clear rule of they would be using a correct interpretation of the civil law.I'd say that means any aggrieved landowner will have to push form a review by the WG
One interesting point made by the judge was that cavers trespassing would more likely bring about a challenge on CRoW in law. It seemed odd to hear a judge suggest it.
Quote from: Badlad on October 13, 2020, 12:22:03 pmOne interesting point made by the judge was that cavers trespassing would more likely bring about a challenge on CRoW in law. It seemed odd to hear a judge suggest it.Could the BCA support a mass trespass? It would only be breaking the law in very a specific and limited way...
This doesn't appear to have been posted before & is obviously just one possible interpretation.
This doesn't appear to have been posted before & is obviously just one possible interpretation:https://darknessbelow.co.uk/the-definitive-opinion-on-crow-and-cave-access/
The Department for Digital, Culture, Media & Sport recently classed caving as an outdoor sport (for Covid related stuff) - does this have any bearing? Or is the sticking point that it's not considered to be open air?
But it does raise the interesting issue that no landowner in their right mind (or their lawyers mind) is going to sue a caver for trespass on CRoW land, even if they could.
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