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

High Court rejects challenge by motorcyclists over ban on use of three ‘green lanes’ – Local Government Lawyer

Posted December 11th, 2018 in local government, motorcycles, news, roads by sally

‘Hampshire County Council has successfully defended a legal challenge brought by trail riders over its decision to prohibit the use of three linked ‘green lanes’ by motor vehicles and motor cyles.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

New Judgment: London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 – UKSC Blog

Posted December 11th, 2018 in appeals, local government, London, news, roads, Supreme Court by sally

‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

Councils lose Supreme Court battle with TfL over vesting of highway – Local Government Lawyer

Posted December 6th, 2018 in local government, London, news, roads, Supreme Court, transport by sally

‘Southwark Council and the City of London Corporation have lost a Supreme Court case with Transport for London over the vesting of highways.’

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Local Government Lawyer, 5th December 2018

Source: www.localgovernmentlawyer.co.uk

Naomi McLoughlin Discusses the Recent Case of Surrey County Council v Hilliard (2018) – Park Square Barristers

‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’

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Park Square Barristers, 30th October 2018

Source: www.parksquarebarristers.co.uk

Budget 2018: Here’s What It Means For Our Human Rights – Rights Info

Posted October 30th, 2018 in benefits, budgets, education, health, housing, human rights, mental health, news, roads, statistics by sally

‘In his final budget before Brexit, Chancellor Philip Hammond has declared that austerity is coming to an end and reiterated Theresa May’s £8.4 billion spending pledge to the NHS.’

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Rights Info, 29th October 2018

Source: rightsinfo.org

Supreme Court to hear row between TfL and councils over highways – Local Government Lawyer

Posted October 18th, 2018 in local government, London, news, roads, Supreme Court, transport by sally

‘The Supreme Court will next week hear a dispute between two London councils and Transport of London (TfL) over the transfer of highways in the capital.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

Council leader calls for judicial review challenge over Lower Thames Crossing – Local Government Lawyer

Posted October 12th, 2018 in consultations, local government, news, planning, roads by sally

‘The Leader of Thurrock Council is to call on his fellow councillors to back a judicial review challenge over the planned Lower Thames Crossing.’

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Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Supreme Court rejects bid to appeal ruling on £2.7bn highways PFI contract – Local Government Lawyer

Posted September 12th, 2018 in appeals, news, private finance initiative, roads, Supreme Court by tracey

‘The Supreme Court has refused to grant contractor Amey permission to appeal in its dispute with Birmingham City Council over the correct interpretation of a £2.7bn highways PFI contract, it has emerged.’

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Local Government Lawyer, 11th September 2018

Source: www.localgovernmentlawyer.co.uk

Guernsey Woman Invokes Ancient Norman Ritual To Stop Roadworks – Rights Info

Posted August 15th, 2018 in Guernsey, news, roads by sally

‘A woman in Guernsey has used an ancient Norman rite, in an attempt to stop building works which would narrow a road on the island.’

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Rights Info, 14th August 2018

Source: rightsinfo.org

Learner drivers now allowed on motorway after law change – BBC News

Posted June 4th, 2018 in news, road traffic, roads by sally

‘Learner drivers in England, Wales and Scotland are now allowed to have lessons on the motorway.’

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BBC News, 4th June 2018

Source: www.bbc.co.uk

Court of Appeal: No duty of care on council to control roadside vegetation – Litigation Futures

Posted May 14th, 2018 in duty of care, local government, news, roads, trees by sally

‘The Court of Appeal has rejected an attempt by a cyclist to impose a duty of care on central or local government to prevent roadside vegetation from impairing visibility for road users, saying there would “potentially serious and costly consequences” in doing so “for very little practical gain”.’

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Litigation Futures, 9th May 2018

Source: www.litigationfutures.com

Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk