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Q A riverside public footpath disappears with the erosion of the river bank. An extinguishment order is made pursuant to section 118 of the Highways Act 1980. Can the order be challenged on the ground that the right of way had moved because the bank had moved?
A No. The public had no automatic right to deviate in the circumstances: see R v Secretary of State for the Environment Transport and the Regions, ex parte Gloucestershire County Council [2000] EGCS 150.
