‘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.’
No. 5 Chambers, 8th April 2020
Source: www.no5.com
‘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.’
Legal Futures, 6th April 2020
Source: www.legalfutures.co.uk
‘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.’
Local Government Lawyer, 23rd March 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 17th February 2020
Source: www.localgovernmentlawyer.co.uk
‘A teenager with long-term mental health problems has been prosecuted three times in the last nine months after threatening suicide near busy roads.’
The Guardian, 16th January 2020
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 5th December 2019
Source: www.localgovernmentlawyer.co.uk
‘Four Extinction Rebellion campaigners who caused hours of traffic disruption at a climate change protest have been found guilty of obstructing a highway.’
BBC News, 20th September 2019
Source: www.bbc.co.uk
‘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.’
Zenith PI Blog, 28th June 2019
Source: zenithpi.wordpress.com
‘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.’
Local Government Lawyer, 3rd July 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
UK Human Rights Blog, 24th June 2019
Source: ukhumanrightsblog.com
‘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.’
Law Pod UK, 24th June 2019
Source: audioboom.com
‘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.’
Local Government Law, 22nd May 2019
Source: local-government-law.11kbw.com
‘Drivers who ignore lane closures on smart motorways in England will face automatic £100 fines and penalty points on their licence, under new laws.’
BBC News, 16th May 2019
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 5th Mach 2019
Source: www.localgovernmentlawyer.co.uk
‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’
OUT-LAW.com, 11th January 2018
Source: www.out-law.com
‘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.’
Local Government Lawyer, 10th December 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘Southwark Council and the City of London Corporation have lost a Supreme Court case with Transport for London over the vesting of highways.’
Local Government Lawyer, 5th December 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Park Square Barristers, 30th October 2018
Source: www.parksquarebarristers.co.uk
‘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.’
Rights Info, 29th October 2018
Source: rightsinfo.org
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