No More Wild Camping In England?

Perhaps ominously for lovers of wild camping, the date Friday 13 of January 2023 saw the handing down of a judgment in the High Court that declared wild camping in Dartmoor, the only place in England where it was still believed to exist, to be unlawful, with immediate effect.

The well-publicised case was brought by wealthy landowners Mr and Mrs Darwall against the Dartmoor National Park Authority. The Darwalls sought a declaration as to the proper meaning of section 10(1) of the Dartmoor Commons Act 1985 (“the 1985 Act”). A declaration is a discretionary remedy available where rights are in dispute. It engages the Park Authority and provides a clear answer to a legal issue without the need for pursuing a specific cause of action, such as to sue a wild camper for trespass.