11 March 2025

Today, Britain’s walking charity, the Ramblers, has won a long-running legal battle against landowner Roxlena Ltd, bringing much-loved Cumbrian paths a step closer to being protected for future generations.  

If a path has been used by the public for 20 years without interruption, the law sees it as a right of way that the public should be able to continue to access. However, Roxlena Ltd argued that this was not the case for the paths in Hayton Woods because of a brief gap in use during 2001, when residents in the area were asked to avoid walking in the woods during the foot-and-mouth crisis.  

A judgment in favour of Roxlena Ltd could have had far-reaching implications for countryside access putting other paths not used during the foot-and-mouth crisis, or even Covid-19 lockdowns, at risk.  

Jack Cornish said “Cumbria was one of the worst hit places during the foot-and-mouth, and while people kept away from the countryside to protect the livestock and livelihoods of local farmers, they never thought this would be used to take away their rights to walk in the woods afterwards. During our 90-year history, the Ramblers has always fought to protect the public’s right to walk in nature, and we’re delighted that this verdict prevents the tragedy of the foot-and-mouth crisis being exploited by this company.” 

The judge has confirmed the position of the Ramblers, that the lack of use during foot and mouth should not be considered ‘interrupted use”.  

In 2010, locals found fences, walls and barbed wire had been put up throughout the woods, as new landowners tried to keep the public from using the woodland walks in the area. Roxlena Ltd, an offshore company based in the British Virgin Islands, owns the land and has spent around 14 years trying to stop picturesque paths in Hayton Woods being recognised as public rights of way, even though they have been in use for centuries.  

Local residents, including Euan Cartwright, Matthew King and Joan Partington, have been a centre of the fight to protect the long-used, scenic paths, which run alongside the dramatic River Gelt and lead to historic local landmarks. 

Euan Cartright said; “We have lived in Hayton for 45 years, my wife and I brought our three children up here. We wanted our children to have the freedom to explore by themselves as they grew up, and Hayton woods seemed perfect for that. The local people still concerned about the case have been involved from the start, but there are fewer of us. Roger Horne and his wife both sadly passed away. People have moved away, become disheartened, fallen ill or just become a lot older so have had to step back. New residents who have moved to the area, have no idea that these paths were ever there and what is being denied to them.”   

Matthew King added "Losing access to these paths has had a huge effect on many residents of Hayton village, the surrounding areas and other Ramblers. Reopening these footpaths for us all to enjoy again, will be a huge benefit to the community and others."  

However, the battle is not over. In order to get the paths added to the map and protected for future generations, a definitive map modification order still needs to be passed in a further public inquiry. Today’s verdict brings that one step closer. 

Joan Partington, who spoke in favour of the Definitive Map Moderation Order at a Public Inquiry in November 2023, said “I have strongly supported the case for the paths to become public rights of way ever since the paths came under new ownership in 2010 and I have been active in encouraging others who did not always know what the situation was, to do the same.  I think many people thought they were already public paths.”   

The Ramblers legal fund helps the walking charity to challenge legal issues that put public paths at risk and is generously supported by the charity’s members and the public. To find out more and make a donation, visit ramblers.org.uk/legalfund

We’re very grateful to our solicitors, Bevan Brittan and our Kings Counsel, Tim Buley KC, who have supported the Ramblers and the Hayton community in this case, and to the Open Spaces Society and British Horse Society who also contributed towards the legal costs.