First council-promoted Planning Act 2008 scheme survives judicial review – Local Government Lawyer

“A High Court judge has dismissed a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008.”

Full story

Local Government Lawyer, 4th October 2013

Source: www.localgovernmentlawyer.co.uk

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Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by tracey

Elwood v Goodman and others: [2013] EWCA Civ 1103;   [2013] WLR (D)  342

“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

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Vernon Knight Associates v Cornwall County Council – WLR Daily

Posted August 2nd, 2013 in appeals, law reports, local government, negligence, nuisance, repairs, roads by sally

Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329

“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

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Cusack (Respondent) v London Borough of Harrow (Appellant) – Supreme Court

Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

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£1million compensation for man who fell in pothole – Daily Telegraph

Posted March 15th, 2013 in compensation, health & safety, news, personal injuries, roads by tracey

“A man who suffered a brain injury after tripping in a pothole has won an
estimated an estimated £1 million in damages.”

Full story

Daily Telegraph, 15th March 2013

Source: www.telegraph.co.uk

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Estoppel and unconscionability – NearlyLegal

Posted November 12th, 2012 in estoppel, local government, news, rights of way, roads by sally

“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.”

Full story

NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk

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Urinating in lay-by is acceptable, rules judge – Daily Telegraph

Posted July 20th, 2012 in injunctions, news, nuisance, roads by tracey

“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.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

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Council left with multi-million pound bill over pothole crash – Daily Telegraph

Posted March 30th, 2012 in accidents, compensation, local government, news, personal injuries, roads by tracey

“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.”

Full story

Daily Telegraph, 29th March 2012

Source: www.telegraph.co.uk

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Fortune and others v Wiltshire Council and another – WLR Daily

Posted March 22nd, 2012 in appeals, law reports, local government, rights of way, roads by sally

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

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Court of Appeal ruling allows Taylor Wimpey development to proceed – OUT-LAW.com

Posted March 21st, 2012 in appeals, housing, news, planning, roads by sally

“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.”

Full story

OUT-LAW.com, 21st March 2012

Source: www.out-law.com

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Two articles on Local Government Law – 11 KBW

Posted March 12th, 2012 in local government, news, rates, roads by sally

Local Government Law Update: 6th March (PDF)
Local Government Law Update: 8th March (PDF)

11 KBW, March 2012

Source: www.11kbw.com

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City of London wins court bid to evict Occupy LSX protestors – The Lawyer

Posted January 18th, 2012 in demonstrations, injunctions, news, roads by sally

“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.”

Full story

The Lawyer, 18th January 2012

Source: www.thelawyer.com

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Cusack v Harrow London Borough Council – WLR Daily

Posted December 9th, 2011 in footpaths, injunctions, law reports, road safety, roads by tracey

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

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Thomas and others v Bridgend County Borough Council – WLR Daily

Posted July 28th, 2011 in appeals, human rights, law reports, local government, noise, roads, valuation by tracey

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

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Kent County Council (Filming on Highways) Act 2010

Posted August 6th, 2010 in legislation, local government, roads, video recordings by sally

Kent County Council (Filming on Highways) Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted March 22nd, 2010 in appeals, law reports, rights of way, roads by sally

Maroudas v Secretary of State for the Environment, Food and Rural Affairs [2010] EWCA Civ 280; [2010] WLR (D) 81

“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.

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Regina (Smith) v Land Registry – WLR Daily

Posted March 12th, 2010 in adverse possession, appeals, law reports, limitations, roads by sally

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.

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Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Posted February 23rd, 2010 in law reports, local government, repairs, roads by sally

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.

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Firm sued for £6.6m road repair – BBC News

Posted January 22nd, 2009 in news, repairs, roads by sally

“An engineering firm is being sued over work done on the A5 in north Wales by the Welsh Assembly Government.”

Full story 

BBC News, 22nd January 2009

Source: www.bbc.co.uk

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Kay v Commissioner of Police of the Metropolis – WLR Daily

Posted November 28th, 2008 in law reports, police, public order, roads by sally

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.

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