Case Law for Order Making

Understanding case law relevant to applications for Modification Orders and Public Path Orders is important to avoid making fundamental errors in assessment of the quality of an application, or in proceeding to make a flawed order.  Saving time and resources by avoiding pitfalls and following due process is important to councils and is needed to deal with applicants and landowners in an equitable and consistent manner.

There is considerably more case law relative to Modification than Public Path Orders, which will be reflected in the greater proportion of time being devoted to the former.

The course will consist of some pre-course reading to provide background and to consider a number of important cases and their application in different situations.

Main topics

Modification Orders

    • Checking applications are ‘duly made’
    • Assessing and interpreting evidence
    • Considering dead-ends, width and other situations
    • Tests A and B

Public Path Orders

    • Use of creation agreements
    • Temporary circumstances
    • Public and private interests
    • Expediency

Finding case reports; understanding reports, their terminology and citations


Intermediate.  The course is designed for people undertaking assessment of applications for public path orders or modification order who may be inexperienced, or who need to refresh their knowledge on important case law.


Rosalinde Emrys-Roberts is a consultant who worked as Definitive Map Team Leader at Hertfordshire County Council for many years and is part of the Stakeholder Working Group which refined proposals to government resulting in the Deregulation Act.


This course will take place remotely using Zoom.  You can check that your equipment will connect on  The format of the course will be similar to at a venue, live and interactive, with sessions separated by breaks, case studies and small group work, facility to ask questions and contribute to discussion.  As most people are working at home and may have constraints on their availability, the one day course is split over two days.

To book a place contact



Jun 22 - 23 2020


Registration from 9.30
9:30 am - 1:00 pm


Members £242 Non-members £346


Knuston Hall
Irchester, Wellingborough, Northamptonshire, NN29 7EU