OSS is a charitable company and the leading organisation nationally campaigning for the public enjoyment of commons, rights of way and public open spaces.
The case, which has been widely reported in the national media, concerns the interpretation of s.10(1) of the Dartmoor Commons Act 1985. That provides that the public shall have a right of access to the Dartmoor Commons on foot and on horseback for the purpose of open-air recreation. The Court of Appeal held that this right allows the public to engage in open-air recreation on the Dartmoor Commons provided they access the commons and proceed on foot or on horseback, and that open-air recreation should be interpreted broadly to include wild camping. In doing so, it agreed with the submissions of the Dartmoor National Park Authority and the OSS, which also appeared at the Court of Appeal hearing as an intervenor. Mr and Mrs Darwall, the Respondents below, now appeal that decision to the Supreme Court.
The OSS is represented by Ned Westaway, Esther Drabkin-Reiter and Stephanie Bruce-Smith, acting pro bono. Richard Honey KC acts for the Dartmoor National Park Authority.