High Court judge hands down ruling on lawful scope of statutory consultation response – Local Government Lawyer

Posted April 30th, 2021 in consultations, local government, news, planning, roads by tracey

‘Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.’

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Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway – Pallant Chambers

Posted March 5th, 2021 in appeals, chambers articles, news, planning, roads, statutory interpretation by sally

‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’

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Pallant Chambers, 26th February 2021

Source: www.pallantchambers.co.uk

Highways England referred to Crown Prosecution Service over smart motorway death – The Independent

‘Highways England has been referred to the Crown Prosecution Service to consider if corporate manslaughter charges are appropriate following a smart motorway death.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

Widow leads fight over smart motorways after landmark crash inquest – The Independent

‘The widow of a motorist who died on a smart motorway is leading the fight to have them banned after a coroner concluded they pose “an ongoing risk of future deaths”.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

Council defeats legal challenge over decision to rename square called after Elizabethan sailor with slave trade links – Local Government Lawyer

Posted December 8th, 2020 in change of name, consultations, local government, names, news, roads by sally

‘A district judge has rejected a legal challenge over a decision by Plymouth City Council to change the name of a square from an Elizabethan sailor associated with the slave trade, Sir John Hawkins, to a black footballer, Jack Leslie.’

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Local Government Lawyer, 8th December 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners launch legal challenge over Stonehenge road tunnel – The Guardian

Posted December 1st, 2020 in judicial review, monuments, news, planning, roads by sally

‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Stonehenge tunnel: Legal challenge to ‘destructive’ plans – BBC News

Posted November 30th, 2020 in government departments, historic buildings, news, planning, roads, transport by sally

‘A campaign group is planning a legal challenge over the transport secretary’s decision to approve a £1.7bn tunnel near Stonehenge.’

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BBC News, 30th November 2020

Source: www.bbc.co.uk

Taxi drivers group eyes legal challenge over ‘Streetspace’ policy of London mayor and TfL – Local Government Lawyer

Posted August 26th, 2020 in bicycles, coronavirus, local government, London, news, road safety, roads, taxis by sally

‘The Licensed Taxi Drivers’ Association (LDTA) plans a legal challenge to London mayor Sadiq Khan and Transport for London (TfL) over their Streetspace policy.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners lose legal challenge over Lake District 4×4 vehicles – The Guardian

Posted August 24th, 2020 in appeals, environmental health, news, parks, roads by sally

‘Drivers of 4×4 vehicles can continue to use off-road tracks in the Lake District after a judge dismissed a legal challenge from campaigners who argued the vehicles polluted the national park and endangered cyclists and ramblers.’

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The Guardian, 24th August 2020

Source: www.theguardian.com

Penalised for parking on your own land – Law Society’s Gazette

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

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Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Just a walk in the Park – No. 5 Chambers

‘The interplay of cases and statutes including some from the last century hardly makes for exciting bedtime reading but Barlow v Wigan MBC is an important decision for those who suffer injury as a result of a highway defect particularly if they are walking on a path in a park established many years ago. It is also a tribute to solicitors and counsel who pursue such claims with dogged determination, and in the case of those acting for Claimants, at a risk if the claim is unsuccessful of receiving no payment in return.’

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No. 5 Chambers, 8th June 2020

Source: www.no5.com

Campaigners take legal action over £27bn UK road-building scheme – The Guardian

Posted April 22nd, 2020 in climate change, environmental protection, news, planning, roads, transport by sally

‘Campaigners have launched a legal challenge to try to prevent billions of pounds of taxpayers’ money being spent on a huge road-building programme, which they say breaches the UK’s legal commitments to tackle the climate crisis and air pollution.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers

Posted April 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally

‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’

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No. 5 Chambers, 8th April 2020

Source: www.no5.com

Court rejects “fanciful” conveyancing negligence claim – Legal Futures

Posted April 7th, 2020 in conveyancing, damages, duty of care, law firms, negligence, news, roads by sally

‘The High Court has rejected a “fanciful” £600,000 conveyancing negligence claim against the law firm Gateley, based on an error admitted by the firm.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Landowner loses Upper Tribunal appeal over certificate of appropriate alternative development for site acquired for link road – Local Government Lawyer

Posted March 25th, 2020 in appeals, local government, news, planning, roads, tribunals by sally

‘The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.’

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Local Government Lawyer, 23rd March 2020

Source: www.localgovernmentlawyer.co.uk

Luton Council pursues judicial review of neighbouring council’s link road approval – Local Government Lawyer

Posted February 19th, 2020 in judicial review, local government, news, planning, roads by sally

‘Luton Council is to bring a judicial review of Central Bedfordshire Council’s decision to approve an application for a new link road after it says local plan examination inspectors’ letters calling the plan into question were not properly considered.’

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Local Government Lawyer, 17th February 2020

Source: www.localgovernmentlawyer.co.uk

Teenager who threatened suicide on road prosecuted for third time – The Guardian

‘A teenager with long-term mental health problems has been prosecuted three times in the last nine months after threatening suicide near busy roads.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Council fined £1.4m after child suffers life-changing head injury in “easily preventable” incident – Local Government Lawyer

Posted December 6th, 2019 in fines, health & safety, local government, news, personal injuries, roads by sally

‘Hampshire County Council has been fined £1.4m after a six-year-old girl playing on an unsecured street bollard suffered a life-changing head injury.’

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Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Extinction Rebellion protesters guilty of obstructing highway – BBC News

‘Four Extinction Rebellion campaigners who caused hours of traffic disruption at a climate change protest have been found guilty of obstructing a highway.’

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BBC News, 20th September 2019

Source: www.bbc.co.uk

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

‘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.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com