Attempt to strike out landowners’ proceedings for declaration against public right of way refused

The High Court refused an application by several individuals and a community group to strike out plenary proceedings brought by landowners seeking declarations that there is no public right of way over their lands, orders restraining trespass, and damages for trespass and slander of title. The court found that the plaintiffs' claim was not bound to fail, as there was an arguable case for relief given ongoing public statements and actions by the defendants asserting a right of way, as well as alleged trespass and property damage. The court rejected arguments that the proceedings were an abuse of process or constituted strategic litigation against public participation (SLAPP), finding instead that both parties had grounds for accessing the courts to vindicate their rights. The absence of a specific pre-action letter was not fatal, and disputes of fact and legal utility were best determined at trial rather than on a strike-out application.