Narrative and Story-telling in Darwall & Anor v Dartmoor National Park Authority

Abstract

Abstract Darwall & Anor v Dartmoor National Park Authority [2023] EWHC 35 (Ch) is a case framed by a particular narrative about national parks. This narrative exists separately from the explicit terms of the National Parks and Access to the Countryside Act 1949. Whilst a case comment about narrative seems unconventional, it is fundamental to understanding this case. This is because narrative shapes the legal questions asked in the case and so understanding narrative is essential to understanding the case itself. This comment places Darwall in its legal historical context, linking it to two legal questions from the case: the question of jurisdiction and the discussion of public access as a means of dispropriation. This illustrates that the legal questions in Darwall are asked as much because of the narrative that frames them, as they are of their explicit grounding in the legislation.