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Search Results for: Highways Act 1980 56
Paton v Devon County Council and Another: Admn 16 Jan 2013
The claimants appealed against rejection of their assertion of a local right of way. They referred to old maps. The respondent relied on the definitive map showing an alternate right of way since 1950. Held: Though the claimant had a strong case, there was a sufficient basis of evidence for the recorder to have found … Continue reading Paton v Devon County Council and Another: Admn 16 Jan 2013
Carney, Regina (on the Application of) v North Lincolnshire Council: CA 8 Feb 2002
The claimant had brought a case that a strip of land was a highway maintainable at public expense, but had failed. After some time he requested the judge to state a case. The recorder refused saying that no error of law was identified and that the claimant had delayed unduly. He now sought judicial review … Continue reading Carney, Regina (on the Application of) v North Lincolnshire Council: CA 8 Feb 2002
Kind v Newcastle-Upon-Tyne Council: Admn 31 Jul 2001
The appellant complained that the local council had failed to maintain a highway. The road was a single track rural highway. The Crown Court allowed for the present-day character of the highway, and the appellant objected. The complainant sought to hold a highway authority responsible for making verges reasonably available for the use of walkers, … Continue reading Kind v Newcastle-Upon-Tyne Council: Admn 31 Jul 2001
Westley v Hertfordshire County Council: QBD 5 Mar 1998
The natural overgrowing of a bridleway could not be said to make it in need of repair, but might still allow the requirement of its removal. . .
Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
Enion v Sefton Metropolitan Borough Council: CA 9 Feb 1999
The roadway was regularly closed off when flooded by the sea, and then cleaned up afterwards. The claimant slipped on seaweed on the road. The Council appealed against an award of damages, saying it was not practicable to close the road off to pedestrian, and that it would have been cleaned when the tide retreated. … Continue reading Enion v Sefton Metropolitan Borough Council: CA 9 Feb 1999
Regina v Nicholson and Another, Secretary of State for Environment and others: Admn 20 Dec 1996
N objected to the reclassification of a public footpath over his farm as a byway open to all traffic, saying that there had been insufficient evidence to establish a dedication at common law. Held: N’s appeal failed. ‘A track can become a highway by reason of the dedication of the right of passage to the … Continue reading Regina v Nicholson and Another, Secretary of State for Environment and others: Admn 20 Dec 1996
Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs: CA 19 Dec 2005
The court considered whether a pathway had become a public highway. Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that during the relevant 20 year period the landowner should not only prove that negative … Continue reading Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs: CA 19 Dec 2005
Cusack v London Borough of Harrow: CA 7 Dec 2011
The claimant sought compensation after the Borough ordered fencing to be erected along the roadside so as to obstruct vehicular access to and from his premises. If the action was taken under section 66(2) and not section 80, then Lewison LJ said that the council’s proposed action and the reason for taking it ‘fall squarely … Continue reading Cusack v London Borough of Harrow: CA 7 Dec 2011
Regina v Warwickshire County Council ex parte Powergen Plc: CA 30 Apr 1997
Application for leave to appeal – interaction of planning system and section 278. Judges: Hobhouse LJ, Schiemann LJ Citations: [1997] EWCA Civ 1568 Statutes: Highways Act 1980 278 Jurisdiction: England and Wales Citing: Appeal from – Regina v Warwickshire County Council Ex Parte Powergen Plc QBD 9-Jan-1997 The power to incorporate highway works in planning … Continue reading Regina v Warwickshire County Council ex parte Powergen Plc: CA 30 Apr 1997
Beazer Homes Ltd v County Council of Durham: CA 13 Oct 2010
The appellant had sold land next to its own for use as a school. Access rights were given to assist construction of the school. The council wanted to use the rights in what was no to be a competing residential development. The appellant wished to use the land as a ransom strip. The council argued … Continue reading Beazer Homes Ltd v County Council of Durham: CA 13 Oct 2010
Burnside and Another v Emerson and Others: CA 1968
The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of drainage (except in one respect) but whose employees had failed to … Continue reading Burnside and Another v Emerson and Others: CA 1968
King Lifting Ltd v Oxfordshire County Council: QBD 20 Jul 2016
A heavy crane had toppled from a road. The crane owners said that the highway authority were responsible for the poor condition of the road. Held: The action failed. The evidence did not support the assertion that the accident arose from a road insufficiently maintained. Judges: Reddihough HHJ Citations: [2016] EWHC 1767 (QB) Links: Bailii … Continue reading King Lifting Ltd v Oxfordshire County Council: QBD 20 Jul 2016
City of Westminster v Fountain and Colonnade Management Ltd: CA 20 Dec 2005
Judges: Lord Justice Keene The President Lord Justice Wall Citations: [2005] EWCA Civ 1607 Links: Bailii Statutes: Highways Act 1980 38 Jurisdiction: England and Wales Land Updated: 04 July 2022; Ref: scu.236567
Citypark Properties Ltd v Bolton Metropolitan Borough Council: LT 6 Sep 2000
LT COMPENSATION – preliminary issue – Highways Act 1980 s 73 – claim for compensation for injurious affection as result of improvement line – whether entitlement to compensation – held no improvement line prescribed by compensating authority – no entitlement to compensation Citations: [2000] EWLands ACQ – 76 – 2000 Links: Bailii Statutes: Highways Act … Continue reading Citypark Properties Ltd v Bolton Metropolitan Borough Council: LT 6 Sep 2000
Cross v Kirklees Metropolitan Borough Council: CA 27 Jun 1997
The Council’s duty to maintain a highway is not absolute. It must take reasonable steps to prevent or clear ice forming on pathway. Lord Justice Evans analysed the application of Section 41 to a situation which arose from ice and snow. In any case of this kind there is an obligation on the plaintiff to … Continue reading Cross v Kirklees Metropolitan Borough Council: CA 27 Jun 1997
Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000
The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) … Continue reading Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000
Regina v Secretary of State for the Environment, ex parte Cowell: CA 1993
The question of sufficiency of evidence for the purpose of the proviso in the subsection is a question of fact for the tribunal to determine in each case. The court rejected a broad submission from the appellant that the 1980 Act and its predecessor had fundamentally altered the common law by introducing much more stringent … Continue reading Regina v Secretary of State for the Environment, ex parte Cowell: CA 1993
Kinloch and Another (Kinloch’s Trustees) v Young: HL 17 Dec 1910
Circumstances in which held that for the purpose of establishing by prescriptive use a public right-of-way from one highway to another, which use did not extend to the full prescriptive period, it was right to take into consideration the earlier use of a way between the two highways, although such way began and finished at … Continue reading Kinloch and Another (Kinloch’s Trustees) v Young: HL 17 Dec 1910
Secretary of State for the Environment v Beresford Trustees: CA 31 Jul 1996
Hobhouse LJ, adopted at least part of Denning LJ’s approach in Fairey, holding that the absence of intention to dedicate had to be ‘objectively established by overt acts of the landowner’, and that ‘This is not a subjective test. The absence of intention must be objectively established by overt acts of the landowner.’ It was … Continue reading Secretary of State for the Environment v Beresford Trustees: CA 31 Jul 1996
Norfolk County Council (Local Government (County Council)): ICO 9 Feb 2015
ICO Local government (County council) The complainant has requested information relating to statutory notices issued under the Highways Act 1980. The Commissioner’s decision is that Norfolk County Council has correctly applied the exception for manifestly unreasonable requests at Regulation 12(4)(b) of the EIR. EIR 12(4)(b): Not upheld [2015] UKICO FER0561174 Bailii England and Wales Information … Continue reading Norfolk County Council (Local Government (County Council)): ICO 9 Feb 2015
Cusack v London Borough of Harrow: SC 19 Jun 2013
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
Goodes v East Sussex County Council: HL 16 Jun 2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road. Held: The statutory duty on a highway authority to keep a road in repair did not include an absolute duty to remove all ice. The … Continue reading Goodes v East Sussex County Council: HL 16 Jun 2000
Fortune and Others v Wiltshire Council and Another: CA 20 Mar 2012
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights. Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the list to be fully compliant with section 36(6). The requirement to which it refers is … Continue reading Fortune and Others v Wiltshire Council and Another: CA 20 Mar 2012
Brown v Crown Prosecution Service: Admn 16 Nov 2021
The appellant appealed conviction of wilfully obstructing, without lawful authority or excuse, the free passage along The Bridge, a bridleway, on the HS2 site off Denham Court Drive in Buckinghamshire, co Lord Burnett of Maldon CJ [2021] EWHC 3056 (Admin) Bailii Highways Act 1980 137 England and Wales Jury Updated: 01 December 2021; Ref: scu.669872
Dillner, Regina (on The Application of) v Sheffield City Council: Admn 27 Apr 2016
The claimant challenged the policy of the respondent council to replace many established trees along streets in the City. Held: Permission to apply for review was refused: ‘Some concern has been expressed by objectors to the scheme that, in some cases, a street has lost all of its trees. Some realism is required. Trees are … Continue reading Dillner, Regina (on The Application of) v Sheffield City Council: Admn 27 Apr 2016
Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the land as a public right of way. Held: … Continue reading Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007
