"A highway used by vehicular traffic does not limit itself to motorised vehicles, nor should it be open to all forms of vehicles. As this footpath is open to pedestrians and cyclists it would still fall within the definition of ‘A highway used by vehicular traffic’."
You could just check that the footpath is in fact designated for cycling as well as pedestrians. I don't think there is a general right for cyclists to use paths and pavements?
Any ideas how I can determine whether the footpath is designated for cyclists?