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

Council wins High Court battle over development and certificate of lawfulness – Local Government Lawyer

Posted July 3rd, 2019 in appeals, local government, news, planning, roads by sally

‘A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

M4 Newport relief road scrapped: environment v economics – UK Human Rights Blog

Posted June 26th, 2019 in environmental protection, inquiries, news, planning, road traffic, roads, Wales by sally

‘Plans to build a fourteen mile, six lane motorway through the Gwent Levels south of Newport to relieve congestion on the M4 have been scrapped by the Welsh government. The announcement by first minister Mark Drakeford was welcomed by environmentalists, local residents and small businesses who opposed the scheme at last year’s public inquiry. Alasdair Henderson, Dominic Ruck Keene and Hannah Noyce from 1 Crown Office Row with other barristers from Guildhall Chambers (Brendon Moorhouse) and Garden Court (Irena Sabic and Grace Brown) represented Gwent Wildlife Trust and an umbrella of other environmental objectors in the proceedings which lasted from February 2017 to September 2018. All these barristers acted for free.’

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UK Human Rights Blog, 24th June 2019

Source: ukhumanrightsblog.com

Ep 85: M4 relief road U-turn – Alasdair Henderson – Law Pod UK

Posted June 25th, 2019 in environmental protection, news, planning, roads, Wales by sally

‘Rosalind English talks to Alasdair Henderson about the Welsh government U-turn on the M4 relief road. Alasdair acted for some of the objectors in the inquiry and regards it as “probably one of the biggest environmental success stores in terms of challenging a major infrastructure project on environmental grounds.’

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Law Pod UK, 24th June 2019

Source: audioboom.com

Suspension of Contract – Local Government Law

‘Kenson Contractors v Haringey LBC (2019) EWHC 1230 (Admin) was an application made by the Claimant contractor, for an interim injunction against the Council to suspend its decision to award or execute a road-improvement contract to the Interested Party, Marlborough Highways Limited (“MHL”). Kenson came second in the procurement exercise for that contract and MHL came first. Because of the value of the contract (some £630,000 plus VAT) this procurement exercise was well below the threshold for the operation of the otherwise relevant parts of the Public Contracts Regulations 2015. The underlying claim was brought by way of judicial review (“JR”) of the Council’s decision to award the contract to MHL rather than Kenson.’

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Local Government Law, 22nd May 2019

Source: local-government-law.11kbw.com

Drivers to face automatic £100 fines for ignoring lane closures – BBC News

Posted May 17th, 2019 in fines, news, road traffic offences, roads by sally

‘Drivers who ignore lane closures on smart motorways in England will face automatic £100 fines and penalty points on their licence, under new laws.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

High Court rejects appeal by cyclist over dismissal of claim following pothole accident – Local Government Lawyer

Posted March 6th, 2019 in appeals, bicycles, local government, news, personal injuries, roads by sally

‘A High Court judge has rejected a claim against a highways authority brought by a cyclist who was injured after she hit a pothole near a roundabout.’

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Local Government Lawyer, 5th Mach 2019

Source: www.localgovernmentlawyer.co.uk

More flexibility, but potentially more disputes, after UK highways case – OUT-LAW.com

Posted January 14th, 2019 in appeals, interpretation, limitations, news, roads, Supreme Court by tracey

‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’

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OUT-LAW.com, 11th January 2018

Source: www.out-law.com