A definite end-of-term feel in the higher courts last week. But amid the usual torrent of judgments, a gem: in Darwall v Dartmoor National Park Authority, master of the rolls Sir Geoffrey Vos sets out in wonderfully clear language why wild camping falls into the category of ‘open-air recreation’ as allowed by the Dartmoor Commons Act.
He leads us through a series of thought experiments. First, whether a walker who lies down for a rest on Dartmoor is present for the purpose of open-air recreation. Surely yes. So, does it make any difference if the walker dozes off? Not at all: ‘A walker resting by sleeping is merely undertaking an essential part of the recreation of a lengthy walk.’
Moving on, what difference does it make if our walker sleeps on a plastic sheet, in a sleeping bag, under a tarpaulin or in an open or closed tent? Clearly the shutting of tent flaps ‘cannot convert the wild camping from being an open-air recreation into not being one’.
Thus the public right of access allows us ‘to rest and sleep, whether by day or by night, whether on the ground or in a tent’.
Sir Geoffrey is famous for his willingness to get his head around tricky topics: in preparation for one case he learned to write Chinese. Obiter wonders if for this one the master of the rolls slipped out into the wilds one weekend, bivvy bag on shoulder?
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