“A man who suffered a brain injury after tripping in a pothole has won an
estimated an estimated £1 million in damages.”
Daily Telegraph, 15th March 2013
Source: www.telegraph.co.uk
“In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of proprietary estoppel.”
NearlyLegal, 9th November 2012
Source: www.nearlylegal.co.uk
“John Pusey and his wife Cherry spent 10 years trying to stop passing motorists using the bottom of their garden as a public convenience. But while the high court agreed it was annoying – the judges ruled the ‘comfort breaks’ did not amount to a ‘nuisance.’ They rejected the couple’s claim to close down the lay-by by the side of the road, leaving them with a six figure legal bill.”
Daily Telegraph, 19th July 2012
Source: www.telegraph.co.uk
“A council has been left with a multi-million pound compensation bill after a High Court judge ruled that it was responsible for causing a serious crash by failing to repair a pothole.”
Daily Telegraph, 29th March 2012
Source: www.telegraph.co.uk
Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90
“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”
WLR Daily, 20th March 2012
Source: www.iclr.co.uk
“Developer Taylor Wimpey can proceed with its 138 home development in Chippenham following a Court of Appeal ruling which confirmed that a lane, which is crucial to the development, is a public vehicular highway, and not a bridleway limited to walkers and riders.”
OUT-LAW.com, 21st March 2012
Source: www.out-law.com
Local Government Law Update: 6th March (PDF)
Local Government Law Update: 8th March (PDF)
11 KBW, March 2012
Source: www.11kbw.com
“The City of London Corporation (COLC) has won its High Court bid to evict protestors from their camp outside St Paul’s Cathedral after Mr Justice Lindblom granted orders for possession and injunctions against protestors in December.”
The Lawyer, 18th January 2012
Source: www.thelawyer.com
Cusack v Harrow London Borough Council: [2011] EWCA Civ 1514; [2011] WLR (D) 357
“A highway authority had power under section 66(2) of the Highways Act 1980, but not under section 80, to erect posts so as to prevent vehicular access to a frontager’s forecourt in order to safeguard users of the highway. If the highway authority exercised that power the frontager would become entitled to compensation under section 66(8) of the 1980 Act.”
WLR Daily, 7th December 2011
Source: www.iclr.co.uk
Thomas and others v Bridgend County Borough Council [2011] EWCA Civ 862; [2011] WLR (D) 254
“For article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms to be engaged, it was enough to show interference with peaceful enjoyment possessions combined with evidence of loss of value.”
WLR Daily, 26th July 2011
Source: www.iclr.co.uk
Kent County Council (Filming on Highways) Act 2010 published
Source: www.opsi.gov.uk
“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”
WLR Daily, 19th March 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Smith) v Land Registry [2010] EWCA Civ 200; [2010] WLR (D) 72
“Title to land over which a public highway runs could not be acquired by adverse possession.”
WLR Daily, 11th March 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hertfordshire County Council v Veolia Water Central Ltd [2010] EWHC 278 (QB); [2010] WLR (D) 46
“The effect of regs 3 and 4 of the Street Works (Maintenance) Regulations 1992, when read with s 81 of the New Roads and Street Works Act 1991, was that an highway and street authority could not make a valid charge against a statutory undertaker for emergency works which the authority had carried out to secure apparatus for which the undertaker was responsible unless the undertaker had failed to afford the authority facilities to inspect the apparatus and unless the authority’s belief that the apparatus had not been maintained were informed by a subsidence or disturbance of the road surface.”
WLR Daily, 22nd February 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“An engineering firm is being sued over work done on the A5 in north Wales by the Welsh Assembly Government.”
BBC News, 22nd January 2009
Source: www.bbc.co.uk
Kay v Commissioner of Police of the Metropolis [2008] UKHL 69; [2008] WLR (D) 00; [2008] WLR (D) 369
“A procession could be ‘commonly or customarily held’, so as to be exempt from the requirement to give advance notice to the police under s 11 of the Public Order Act 1986, even though on each occasion it took a different route.”
WLR Daily, 27th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chilton-Merryweather v Hunt and Others
Court of Appeal
“An increase in noise and pollution caused by growth in the volume of traffic on a motorway was not sufficient to justify a reduction in the council tax for neighbouring properties.”
The Times, 9th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Sisters of the Sacred Heart of Mary Ltd and Others v Kingston upon Thames Borough Council
Chancery Division
“The introduction by Kingston upon Thames Borough Council of an unmanned code-operated barrier to control entry to Warren Road, a private road that provided access from a public road to the Coombe Estate, would amount to a substantial interference with the statutory rights of the Sisters of the Sacred Heart of Mary Ltd, Holy Cross Sisters Trustees Inc, Rokeby Educational Trust Ltd, who run three schools, and Unilever plc, who run a training centre, to use the relevant roads for going to or leaving their premises.”
The Times, 18th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
“‘Big Brother’ plans to automatically hand the police details of the daily journeys of millions of motorists tracked by road pricing cameras across the country were inadvertently disclosed by the Home Office last night.”
The Guardian, 18th July 2007
Source: www.guardian.co.uk
“Britain has secretly signed up to a pan-European road pricing scheme, it became clear last night.”
Daily Telegraph, 22nd June 2007
Source: www.telegraph.co.uk
