Couple Confront £400,000 Legal Bill in Protracted Bridleway Dispute
A Hertfordshire couple are facing potential legal costs of £400,000 in a long-running battle over whether a public bridleway runs through their property. David Moore, 63, and his wife Dr Dawn Carnell, 59, a cancer specialist, have already spent approximately £325,000 over six years of litigation, with their latest defeat coming in the High Court.
Dispute Over Breach House Property
The conflict centres on Breach House in Little Berkhamsted, Hertfordshire, which the couple purchased for £1.2 million ten years ago. Following substantial renovations to the dilapidated six-bedroom property, parts of which date back to the 17th century, they claim it is now a "multi-million-pound property." The dispute began in 2019 when the couple closed off access to what locals claimed was a public right of way through their 1.75-acre grounds.
"The cost doesn't really come into it at this point in time," Mr Moore told the Mail. "It's whether you think you're right or wrong." He added that his wife supports him "100 per cent" in the ongoing legal battle, with both believing the council provided inaccurate documents when they bought their home.
Council and Court Rulings Against Couple
Hertfordshire County Council initially ruled that the bridleway did run through land attached to Breach House, a decision later backed by the Planning Inspectorate following a four-day hearing. The High Court has now upheld these rulings, with the judge referring to the "inherent implausibility to the Claimants' argument."
During the planning inquiry, senior definitive map officer Gavin Harbour-Cooper revealed the council investigated the matter in 1956 and concluded the path ran through Breach House. However, when the first definitive map was drawn up three years later, it showed the "wrong route" between neighbouring cottages, though the Definitive Statement gave the correct information.
Community Tensions and Historical Evidence
The closure of the route caused significant community tension, with neighbours, ramblers, and horse riders furious about losing access to what they claimed had been used by the public for at least 100 years. Wayne Morris, a retired Metropolitan Police inspector and parish council chairman who lives next door, said he had been "keeping my fingers crossed" that the couple would drop the matter.
"They will not let it go," Mr Morris added. "I think with the amount that they've spent going to the High Court that they will just carry on. They're so fixated on this matter now that they won't see reason."
Historical evidence presented during proceedings included testimony from Nigel Adams, founder of online estate agents BigBlackHen.com, whose parents owned Breach House from 1973 to 1985. He stated he repeatedly discussed the existing bridleway and its route through the property with the Moores during the 2015 sale process.
William Marques, who lived in the house in the 1960s, also recalled the bridleway passing through it, describing how he used it to reach his grandparents' home because the alternative road route was "too dangerous."
Legal Costs and Future Proceedings
The High Court judge refused Mr Moore and Dr Carnell the right to appeal, but they can apply directly to the Court of Appeal for a hearing. Taking the matter to this higher court would push their total legal costs to approximately £400,000. Meanwhile, the owners of two neighbouring cottages have spent tens of thousands on their own legal costs.
Mr Moore has previously threatened civil action against Hertfordshire County Council to recover his costs, claiming: "What Hertfordshire County Council have done is shoot themselves in the foot because they've fought tooth and nail - at a cost of £1 million, I'd guess - to show themselves to be negligent."
The council submitted a figure of £13,791.70 for its costs to the court. A spokesman stated: "We are pleased that the High Court has dismissed the appeal against the Planning Inspectorate's decision, which confirmed the modification order that will allow the route of this bridleway to be correctly recorded. If there are no further legal proceedings, then we will update the Definitive Map of Public Rights of Way in Hertfordshire with the confirmed route in the New Year."
The couple maintain their position that the bridleway should run between two cottages just west of their home, not through their property. "This is not me going off on some expedition into the wilderness," Mr Moore insisted. "This is two logical people looking at the position given in 2015 and knowing they're correct."
