‘What one might call the “normal” or “traditional” ownership rights of a highway authority lay at the heart of the dispute in Southwark LBC v Transport for London [2015] EWHC 3448 (Ch).’
Local Government Law, 3rd December 2015
‘The widow of a cyclist who died after he hit a pothole on his bike has received a six-figure payout from a council.’
BBC News, 8th April 2015
Source: www.bbc.co.uk
‘Friends of the Earth Cymru wants a judge to examine how ministers decided to press ahead with the 14-mile new stretch of motorway around Newport.’
BBC News, 10th March 2015
Source: www.bbc.co.uk
‘A highway authority could lawfully enter into an agreement with a developer or other party under section 38 of the Highways Act 1980 for that other party to pay a sum for the expenses of highways maintenance after the date on which the highway became maintainable at public expense.’
WLR Daily, 31st October 2014
Source: www.iclr.co.uk
‘The Government has accepted the majority of the reforms to level crossing law recommended by the Law Commission and Scottish Law Commission, and has committed to review the remainder.’
Law Commission, 5th November 2014
Source: www.lawcommission.justice.gov.uk
‘Members of the public face “a very real risk” to their privacy from the huge roadside surveillance network that captures millions of motorists every day, the Government’s Surveillance Commissioner has warned. In an interview with The Independent, Tony Porter urges that clear guidance be provided to ensure “innocent” people do not fall victim to roadside automatic number plate recognition (ANPR) cameras which have been the centre of concerns over the rise of surveillance in Britain.’
The Independent, 19th April 2014
Source: www.independent.co.uk
“A High Court judge has dismissed a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008.”
Local Government Lawyer, 4th October 2013
Source: www.localgovernmentlawyer.co.uk
Elwood v Goodman and others: [2013] EWCA Civ 1103; [2013] WLR (D) 342
“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”
WLR Daily, 4th September 2013
Source: www.iclr.co.uk
Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329
“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)
Supreme Court, 19th June 2013
“A man who suffered a brain injury after tripping in a pothole has won an
estimated an estimated £1 million in damages.”
Daily Telegraph, 15th March 2013
Source: www.telegraph.co.uk
“In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of proprietary estoppel.”
NearlyLegal, 9th November 2012
Source: www.nearlylegal.co.uk
“John Pusey and his wife Cherry spent 10 years trying to stop passing motorists using the bottom of their garden as a public convenience. But while the high court agreed it was annoying – the judges ruled the ‘comfort breaks’ did not amount to a ‘nuisance.’ They rejected the couple’s claim to close down the lay-by by the side of the road, leaving them with a six figure legal bill.”
Daily Telegraph, 19th July 2012
Source: www.telegraph.co.uk
“A council has been left with a multi-million pound compensation bill after a High Court judge ruled that it was responsible for causing a serious crash by failing to repair a pothole.”
Daily Telegraph, 29th March 2012
Source: www.telegraph.co.uk
Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90
“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”
WLR Daily, 20th March 2012
Source: www.iclr.co.uk
“Developer Taylor Wimpey can proceed with its 138 home development in Chippenham following a Court of Appeal ruling which confirmed that a lane, which is crucial to the development, is a public vehicular highway, and not a bridleway limited to walkers and riders.”
OUT-LAW.com, 21st March 2012
Source: www.out-law.com
Local Government Law Update: 6th March (PDF)
Local Government Law Update: 8th March (PDF)
11 KBW, March 2012
Source: www.11kbw.com
“The City of London Corporation (COLC) has won its High Court bid to evict protestors from their camp outside St Paul’s Cathedral after Mr Justice Lindblom granted orders for possession and injunctions against protestors in December.”
The Lawyer, 18th January 2012
Source: www.thelawyer.com
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
Thomas and others v Bridgend County Borough Council [2011] EWCA Civ 862; [2011] WLR (D) 254
“For article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms to be engaged, it was enough to show interference with peaceful enjoyment possessions combined with evidence of loss of value.”
WLR Daily, 26th July 2011
Source: www.iclr.co.uk
© Inner Temple Library 2024