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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

De Bretton v Hampshire County Council: CA 9 Oct 1996

The claimant sought damages after a car skidded on the road, and she was injured. She said the respondent was in breach of their statutory duty in having failed to clear the road. The authority said it had taken the appropriate steps to clear up the spillage, and that the accident was a result of … Continue reading De Bretton v Hampshire County Council: CA 9 Oct 1996

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

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

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Paterson and Another v Humberside County Council: QBD 19 Apr 1995

A local authority was liable for nuisance for damage (cracks to house) caused by tree roots once it could be shown that it knew of the soil condition, by virtue of the council’s own warnings to residents of the danger in the area meant that the damage was foreseeable. The council was not liable for … Continue reading Paterson and Another v Humberside County Council: QBD 19 Apr 1995

Hurst and Another v Hampshire County Council: CA 19 Jun 1997

A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway. Held: Pre-adoption trees vest in the highway authority for all purposes. Stuart-Smith, Morritt L, Sir John Balcombe Times 26-Jun-1997, [1997] EWCA Civ 1901, (1997) 96 LGR 27 Bailii Highways … Continue reading Hurst and Another v Hampshire County Council: CA 19 Jun 1997

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

Thoburn v Northumberland County Council: CA 19 Jan 1999

The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act. Held: Though the blockage was not entirely on the Highway, the nature and extent of it was known to the Authority and they were properly found to … Continue reading Thoburn v Northumberland County Council: CA 19 Jan 1999

Goodes v East Sussex County Council: CA 7 Jan 1999

A council which failed to maintain a road ice free when they had decided on the need to prevent icing, and had had the opportunity to prevent it, but failed to take it, were in breach of statutory duty and liable for damages to driver of crashed car. (Aldous LJ dissenting) Judges: Hutchinson and Morritt … Continue reading Goodes v East Sussex County Council: CA 7 Jan 1999

Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001

A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001

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

Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997

The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection. Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it … Continue reading Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997

Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997

The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997

Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

The claimant asserted a common law duty on the respondent to maintain a roadway free of frost. Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done … Continue reading Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

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

West Sussex County Council v Russell: CA 12 Feb 2010

The council appealed against a finding that it had failed in its duty to keep the highway safe leading to an accident in which the claimant was severely injured. The road was narrow, and a significant drop had developed by the edge of the road. The claimant drove into the drop, then crashed after swerving … Continue reading West Sussex County Council v Russell: CA 12 Feb 2010

Woodland v Essex County Council: SC 23 Oct 2013

The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013

Jones v Rhondda Cynon Taff County Borough Council: CA 15 Jul 2008

The claimant, a fireman, sought damages for injuries suffered when he was injured answering a call out. He fell into a depressed area by the road side as he was pulling away a burning wooden pallet. Held: The appeal was dismissed. The court overturned a finding of dangerousness. Laws LJ stressed that the statutory highway … Continue reading Jones v Rhondda Cynon Taff County Borough Council: CA 15 Jul 2008

Rance v Essex County Council: CA 21 Feb 1997

Appeal against refusal of claim against highway authority. The appellant was injured when her car crashed. A high volume of heavy goods vehicles had been using a local road, damaging the road and verges. Though the road was wide enough for her car to pass a lorry coming toward her, the appellant held to her … Continue reading Rance v Essex County Council: CA 21 Feb 1997

Mear and others v Cambridgeshire County Council: ChD 20 Oct 2006

The claimants sought a declaration that a path over neighbouring land was a public vehicular highway as recorded by the respondents, and not a footpath as asserted by the owners, and that gates over the path infringed the public rights. The council had served notices on the landowners to remove gates. Held: The status of … Continue reading Mear and others v Cambridgeshire County Council: ChD 20 Oct 2006

Levey, Regina v: CACD 27 Jul 2006

The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were responsible for the death. Held: A prosecutor in a criminal a case has a broader duty … Continue reading Levey, Regina v: CACD 27 Jul 2006

Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997

The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997

Brand and Another v Philip Lund (Consultants) Ltd: ChD 18 Jul 1989

The plaintiffs objected to the transport of wood from the defendant’s neighbouring land by lorry along an accessway to the plaintiff’s land. They said the defendants had no right of vehicular access. The defendants asserted a public vehicular highway. Held: The court rejected the argument that a public right of way may only exist from … Continue reading Brand and Another v Philip Lund (Consultants) Ltd: ChD 18 Jul 1989

Wiltshire County Council v Crest Estates Ltd. and others: CA 5 Aug 2005

The builders had agreed as part of the planning process to indemnify the council against all claims incidental to the carrying out of the works for which permission was given. The council had to compulsorily purchase land, and sought repayment from the contractors of the compensation it had to pay. Held: In the natural interpretation … Continue reading Wiltshire County Council v Crest Estates Ltd. and others: CA 5 Aug 2005

The Ramblers’ Association v Coventry City Council: Admn 17 Apr 2008

The Council sought to close a footpath on the basis that it was encouraging anti-social behaviour. The Association challenged the closure. Held: Before making such an order the authority had to follow the statutory procedures, including considering whether a lesser order might achieve the required effect. In this case the authority had followed the procedure … Continue reading The Ramblers’ Association v Coventry City Council: Admn 17 Apr 2008

Persimmon Homes (Midlands) Ltd and Others v Secretary of State for Transport: UTLC 22 Dec 2009

UTLC COMPENSATION – compulsory purchase – land on edge of village acquired for bypass – planning permission granted for residential development of retained land – whether highway objection to residential development in no-scheme world – whether residential planning permission would have been granted for the acquired land and the retained land in the no-scheme world … Continue reading Persimmon Homes (Midlands) Ltd and Others v Secretary of State for Transport: UTLC 22 Dec 2009

City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987

The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway. Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction of the highway, the Court rejected the test that a use of the highway which was not incidental to passing along … Continue reading Hirst and Agu v Chief Constable of West Yorkshire: QBD 1987

Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Director of Public Prosecutions v Ziegler and Others: SC 25 Jun 2021

In criminal proceedings arising out of protest activity: (1) is deliberate physically obstructive conduct by protesters capable of constituting a lawful excuse for the purposes of s.137 of the Highways Act 1980?; and (2) what is the test to be applied by an appellate court to an assessment of the decision of the trial court … Continue reading Director of Public Prosecutions v Ziegler and Others: SC 25 Jun 2021

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

McCann v Crown Prosecution Service: Admn 21 Aug 2015

Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and had acted accordingly under the 1980 Act. Held: The appeal failed. The inspector’s … Continue reading McCann v Crown Prosecution Service: Admn 21 Aug 2015

Allen v Cornwall Council: QBD 20 May 2015

The claimant was injured riding his bicycle, and alleged failure by the respondent highway authority. The court now considered an application for leave to appeal against an order allowing the production of evidence of an expert in cycling skills and safety. The claimant’s report had been served but remained sealed pending the outcome of the … Continue reading Allen v Cornwall Council: QBD 20 May 2015

Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

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

Haydon v Kent County Council: CA 1978

Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully taken up with sanding and gritting roads, but on the Wednesday evening one of … Continue reading Haydon v Kent County Council: CA 1978

Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999

The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences. Held: The magistrate was vested with jurisdiction to consider whether summonses issued by a convicted defendant amounted to an abuse of process, and … Continue reading Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999

Herrick and Another v Kidner and Another: Admn 17 Feb 2010

Psychological Obstruction to Public Footpath A public footpath crossed the appellants’ land. They constructed a gateway across it which they now accepted had been a significant obstruction of the right of way. The local authority served a notice requiring its removal, including the stone pillars erected on the path. After a failure to comply the … Continue reading Herrick and Another v Kidner and Another: Admn 17 Feb 2010

Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020

Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020

Campbell and Another v Banks and Others: CA 1 Feb 2011

The court considered the creation by section 62 of the 1925 Act automatically of easements when land was divided. The claimants owned land bounded on either side by properties beloinging to the respondents. The properties had once been in common ownership. They asserted the existence of a bridleway easement along a track to the public … Continue reading Campbell and Another v Banks and Others: CA 1 Feb 2011

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