According to the info in the court decision this path (https://www.openstreetmap.org/way/1172199512) is located on private property.
According to recent street level imagery (https://www.mapillary.com/app/?pKey=1199239077446036) this path is NOT accessible for general public; in other words there is a barrier (bollard) and a sign indicating private access.
That's why this path has the extra tag 'access=private'

General remark: you can find more info on this link why paths and tracks on private property are also mapped in OpenStreetMap:
https://wiki.openstreetmap.org/wiki/Why_we_won%27t_delete_roads_on_private_property