A £400,000 Legal Battle Over a Bridleway Divides a Quiet Hertfordshire Village
A protracted legal dispute over a public bridleway, which has already cost one couple hundreds of thousands of pounds, is set to escalate further, potentially reaching a staggering £400,000. David Moore, 63, and his wife, Dr Dawn Carnell, 59, a cancer specialist, have been locked in this legal wrangle for six years, with a recent High Court decision pushing their expenses to approximately £325,000. Undeterred, the couple maintain they are in the right and are preparing to take their case to the Court of Appeal, a move that would significantly increase their financial outlay.
The heart of the contention lies at Breach House, a property in Little Berkhamsted, Hertfordshire. Mr. Moore and Dr. Carnell purchased the home for £1.2 million a decade ago. They assert that following extensive renovations to the once-dilapidated property, it has transformed into a “multi-million-pound property.”
The conflict ignited when local residents, along with ramblers and horse riders, found their access to a path, which they claimed had been in use for at least a century, obstructed by signs and locked gates. Hertfordshire County Council, followed by the Planning Inspectorate, have consistently ruled in favour of the bridleway’s existence and route. These decisions have now been upheld by the High Court, clearing the path for the case to proceed to a higher judicial body.
Mr. Moore, who co-manages an oncology business with his wife, expressed his unwavering commitment to the legal fight, stating, “The cost doesn’t really come into it at this point in time. It’s whether you think you’re right or wrong.” He emphasised his wife’s full support, with both individuals believing the county council provided inaccurate documentation at the time of their property purchase.
“This is not me going off on some expedition into the wilderness and putting my tin hat on and saying “Whatever happens, happens”,” Mr. Moore asserted, highlighting their belief in the logical presentation of their case based on the information available in 2015.
Community Divided by the Bridleway Dispute
The couple’s determination, while perhaps not surprising to those aware of the situation, is a source of disappointment for their neighbours. Residents were reportedly incensed when the path, which they had used for generations, was closed off. Wayne Morris, a retired Metropolitan Police inspector and current parish council chairman who resides next door, admitted to having “kept my fingers crossed” that the Moores would abandon the legal proceedings.
However, Mr. Morris anticipates the opposite. “They will not let it go,” he commented. “I think with the amount that they’ve spent going to the High Court that they will just carry on. They’re so fixated on this matter now that they won’t see reason and I think they will probably try to go to the Court of Appeal.”
The discord between Dr. Carnell, her husband, and the local community began in 2019 when the disputed route was blocked. The ensuing animosity led Mr. Moore, whose wife works at University College Hospital in London, to report incidents of criminal damage, including scratches to his vehicles, and harassment. The owners of neighbouring cottages, including Mr. Morris, have also incurred significant legal expenses, reportedly in the tens of thousands of pounds, to defend their position.
A Century of History and Conflicting Records
Hertfordshire County Council’s involvement led to an order confirming the bridleway’s passage through the grounds of the six-bedroom Breach House, a property with origins dating back to the 17th century. This resulted in a formal Planning Inquiry. During the four-day hearing, senior definitive map officer Gavin Harbour-Cooper presented evidence suggesting the council had investigated the matter as far back as 1956, concluding then that the path traversed Breach House.
However, a subsequent “definitive map” created three years later reportedly depicted an incorrect route between two cottages, despite the accompanying Definitive Statement providing the accurate information.
Nigel Adams, founder of online estate agents BigBlackHen.com, whose parents owned Breach House from 1973 to 1985, stated he facilitated the sale of the property to Mr. Moore and Dr. Carnell in 2015. He recalled discussing the existing bridleway and its course through Breach House land with the couple on multiple occasions during the transaction. William Marques, a former resident of Breach House in the 1960s, also corroborated the bridleway’s presence, noting its use as a safer alternative to a hazardous road route to his grandparents’ home.
Despite these historical accounts, Mr. Moore informed the inquiry that the council had acknowledged in 2020 that the bridleway signs near his property were inaccurate, leading to their removal. He maintained that he was not informed of any bridleway crossing the property at the time of his purchase.
High Court Ruling and Future Prospects
The High Court heard the case on November 5th and 6th, with the judgment delivered this month. The presiding judge, referencing the “inherent implausibility to the Claimants’ argument,” denied Mr. Moore and Dr. Carnell the right to appeal directly. However, they retain the option to petition the Court of Appeal for a hearing.
Mr. Moore, who has previously threatened civil action against the county council to recover his legal costs, clarified the core of their argument: “It’s never been our point that there’s no right of way. It’s the position of the right of way that we’ve argued. It’s on the boundary as far as I’m concerned.” He described themselves as ordinary individuals who saved to buy a home and followed proper procedures.
He further contended that Hertfordshire County Council’s vigorous defence, which he estimates has cost the council around £1 million, amounts to self-inflicted damage by highlighting their own potential negligence.
The county council, in its submission to the court, stated its costs amounted to £13,791.70. A council spokesperson expressed satisfaction with the High Court’s dismissal of the appeal, which upheld the modification order to accurately record the bridleway’s route. The council indicated that if no further legal action is pursued, the Definitive Map of Public Rights of Way in Hertfordshire will be updated with the confirmed route in the coming New Year.
