Category: footpaths

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

Posted July 5th, 2019 in footpaths, local government, news, personal injuries, road safety, roads, statutory duty, statutory interpretation by sally

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

Full Story

Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

MPs launch inquiry into pavement parking amid claims of ministerial inaction – Local Government Lawyer

Posted April 9th, 2019 in footpaths, inquiries, news, parking by sally

‘MPs are to hold an inquiry to explore the problems of pavement parking in England, amid claims that the Government has failed to take action over the issue.’

Full Story

Local Government Lawyer, 8th April 2019

Source: www.localgovernmentlawyer.co.uk

Couple unable to sell home after discovering public footpath running though living room – The Independent

Posted March 14th, 2019 in footpaths, local government, news, rights of way, sale of land by tracey

‘Couple unable to sell home after discovering public footpath running though living room.’

Full Story

The Independent, 13th March 2019

Source: www.independent.co.uk

Judges uphold listing of field as asset of community value despite trespassing – Local Government Lawyer

Posted June 1st, 2018 in assets of community value, footpaths, local government, news, statutory interpretation by sally

‘An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats challenge to decision to add 34 footpaths to definitive map – Local Government Lawyer

Posted December 4th, 2017 in footpaths, judicial review, legislation, local government, news, planning, rights of way by sally

‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’

Full Story

Local Government Lawyer, 1st December 2017

Source: www.localgovernmentlawyer.co.uk

Ramblers celebrate after landmark High Court ruling that could see up to 1,000 former rights of way re-open – The Independent

Posted July 2nd, 2015 in agriculture, footpaths, news, rights of way by sally

‘Up to 1,000 rights of way could be re-established centuries after they stopped being recorded on maps after a landmark High Court ruling.’

Full story

The Independent, 2nd July 2015

Source: www.independent.co.uk

Three Articles on Local Government Law – 11 KBW

Posted July 27th, 2012 in equality, footpaths, health & safety, local government, medical treatment, news, planning, public procurement by sally

Local Government Law Update: 18 July (PDF)
Local Government Law Update: 23 July (PDF)
Local Government Law Update: 25 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Securing Commons – The Right and the Just? De-mystifying Commons Registration – Hardwicke Chambers

Posted May 8th, 2012 in appeals, commons, footpaths, news by sally

“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”

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Hardwicke Chambers, 2nd May 2012

Source: www.hardwicke.co.uk

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

Killer mobility scooter driver escapes prosecution – Daily Telegraph

Posted January 28th, 2011 in footpaths, news, prosecutions, road traffic offences by sally

“The driver of a mobility scooter who killed a 90-year old pedestrian escaped prosecution because no law existed to enable police to take action, an inquest heard.”

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Daily Telegraph, 25th January 2011

Source: www.telegraph.co.uk

Segway motor scooter rider loses legal challenge – BBC News

Posted January 19th, 2011 in fines, footpaths, news, road traffic offences by sally

“A man has become the first person in the UK to be successfully prosecuted for riding a Segway scooter on a pavement.”

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BBC News, 18th January 2011

Source: www.bbc.co.uk

Ramblers score ‘landmark’ victory over multi-millionaire landowner’s gates – Daily Telegraph

Posted February 18th, 2010 in footpaths, news, rights of way by sally

“Ramblers scored a landmark victory over a multi-millionaire landowner yesterday when a top judge told him he must tear down the “impressive” iron gateway to his Somerset estate.”

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Daily Telegraph, 18th February 2010

Source: www.telegraph.co.uk

Council sued over student’s fall – BBC News

Posted October 30th, 2009 in boundaries, footpaths, news, personal injuries by sally

“A man seriously injured after a fall during a night out when he was a student is suing a council for damages.”

Full story

BBC News, 29th October 2009

Source: www.bbc.co.uk

Mother and daughter who saw gay sex told to `use different path’ by police – Daily Telegraph

Posted November 24th, 2008 in footpaths, news by sally

“A woman who complained to police after spotting two gay men having sex on a public footpath was told to ‘use a different path in future’.”

Full story

Daily Telegraph, 24th November 2008

Source: www.telegraph.co.uk

Rambler wins £3,000 compensation after falling through bridge – Daily Telegraph

Posted September 30th, 2008 in compensation, footpaths, news, personal injuries by sally

“Birgit Green, 63, was walking along a public footpath at a nature reserve when a section of the wooden bridge’s planking collapsed.”

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Daily Telegraph, 29th September 2008

Source: www.telegraph.co.uk

Ramblers’ Association v Coventry City Council – Times Law Reports

Posted May 27th, 2008 in footpaths, law reports by sally

Ramblers’ Association v Coventry City Council

Queen’s Bench Division

“A council could order the closure of a footpath under section 129A to G of the Highways Act 1980, as inserted by section 2 of the Clean Neighbourhoods and Environment Act 2005, only if satisfied that the footpath had facilitated prolonged criminal or antisocial behaviour at the date of the order.”

The Times, 27th May 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.