Practical Realities of Planning Decisions The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the Department’s witnesses. Held: He had not acted unlawfully (Lord Edmud-Davies dissenting). … Continue reading Bushell v Secretary of State for the Environment: HL 7 Feb 1980
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The complainant has requested information relating to statutory notices issued under the Highways Act 1980. The Commissioner’s decision is that Dorset County Council has correctly applied the exception for manifestly unreasonable requests at . .
‘ proper interpretation of section 119(6) of the Highways Act 1980 (‘the 1980 Act’) which deals with the process for confirmation of an order diverting the line of a public footpath, bridleway or restricted byway.’ . .
Public highway – ‘once a highway always a highway’ – Section 32 Highways Act 1980 – Definitive Map – Sections 53 and 58 Wildlife and Countryside Act 1981 . .
‘The Ramblers’ Association challenge, under paragraph 2 of Schedule 2 to the Highways Act 1980, the decision of an Inspector appointed by the Secretary of State for the Environment, Food and Rural Affairs given on 16 November 2011, whereby he . .
The complainant has requested recorded information relating to different types of statutory notices issued by Devon County Council, notably under the Highways Act 1980. The Council refused to comply with the complainant’s request in reliance of . .
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 . .
A council had no power to contribute to another highway authority’s costs of maintaining existing highway schemes; ‘expenditure’ was highway authority’s, and the transfer was ultra vires. Citations: Times 05-Mar-1998, Gazette 16-Apr-1998 Statutes: Highways Act 1980 274 Jurisdiction: England and Wales Local Government Updated: 18 June 2022; Ref: scu.88827
Modification of right of way Judges: Mr Justice Richards Kay, Lord Justice Kay Citations: [2004] EWHC 1217 (Admin) Links: Bailii Statutes: Highways Act 1980 31(1) Jurisdiction: England and Wales Land Updated: 11 June 2022; Ref: scu.199488
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
The court considered the use of powers of compulsory purchase of land under the Acts. Held: ‘In answer to counsel’s submissions as to ‘special rules’, I summarise my conclusions thus. First, I do not accept that any special rules beyond the ordinary Wednesbury/Ashbridge rules fall to be applied when the court is considering a challenge … Continue reading Regina v Secretary of State for Transport, ex parte de Rothschild: CA 1988
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
The complainant has requested information relating to agreements and licences under sections 38, 177 and 278 of the Highways Act 1980. Liverpool City Council (‘the council’) responded by withholding the information under the exemption in the FOIA where the cost of compliance exceeds the appropriate limit. The Commissioner invited the council to reconsider the request … Continue reading Liverpool City Council (Decision Notice): ICO 9 May 2013
The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating the effects of the 1870 Act. Held: The 1988 Act did not provide a full … Continue reading Roe v Sheffield City Council and others: CA 17 Jan 2003
The respondent was owner of land. Occasional substantial storms washed quantities of surface soil over the road. The claimant highway authority served notices required part of the land not to be used for arable purposes. After a further storm the authority sought damages for having to clean up the road. The farmer appealed the order … Continue reading Devon County Council v Webber and Another: CA 19 Apr 2002
A pedestrian walked from a footpath into the road and was hit by a car. She sought damages from the highway authority, saying that they had allowed vegetation to grow to an extent to make it impossible to be seen. As a second tier appeal, the claimant had to demonstrate a real as opposed to … Continue reading Kane v New Forest District Council: CA 13 Jun 2001
A public right away could not be presumed to have been granted by the owner of land adjoining a public highway merely from the erection of fences or hedges on the side of a highway. There is no simple rule that the land was deemed to have been dedicated to public use ‘from hedge-to-hedge’. Some … Continue reading Hale v Norfolk County Council: CA 17 Nov 2000
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
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 council had added a bridleway to the definitive map of rights of way on the basis that the use had been for more than 20 years by the public with no evidence of intention not to dedicate it as a public highway. The period was calculated back from the time when it was challenged. … Continue reading Fernlee Estates Limited v City and County of Swansea, Same v National Assembly for Wales: Admn 18 May 2001
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
Public right of way Citations: [1999] EWHC Admin 233 Links: Bailii Statutes: Highways Act 1980 116 Land Updated: 28 May 2022; Ref: scu.139497
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
Judges: Mr Justice Kenneth Parker Citations: [2013] EWHC 1762 (Admin) Links: Bailii Statutes: Highways Act 1980 130B Jurisdiction: England and Wales Costs Updated: 27 May 2022; Ref: scu.511223
It was not unreasonable to require new traffic impact analysis before authorising highway improvement agreement after previous decision made by earlier authority was now five years old. Citations: Times 29-Apr-1998, Gazette 29-Apr-1998, [1998] EWHC Admin 320 Links: Bailii Statutes: Highways Act 1980 278 Administrative Updated: 27 May 2022; Ref: scu.138441
The court considered an alleged breach of duty to provide and maintain a footpath by highway authority. Citations: [1998] EWHC Admin 107 Links: Bailii Statutes: Highways Act 1980 66(1) Local Government Updated: 27 May 2022; Ref: scu.138228
‘The short point for which permission to appeal has been given in this tripping case is said to be whether, granted that a claimant for the purpose of establishing liability under s. 41 of the Highways Act 1980 has to identify the particular defect in the highway that gave rise to his injury, the local … Continue reading Barker v Lancashire County Council: CA 23 May 2013
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
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
A highway authority was not negligent or in breach of statutory duty when they inspected a roadway annually and responded to particular complaints. Ridge causing accident was common defect. Citations: Times 20-May-1998 Statutes: Highways Act 1980 41 Road Traffic Updated: 17 May 2022; Ref: scu.77741
The defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under the Highways Act 1980. The hearing took place after … Continue reading Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983
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
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
A highway authority acquiring land by compulsory purchase for a project had a right to require a contribution from the developer not just for the building costs but also for the cost of acquiring the land necessary. Statute interpreted widely. Citations: Times 03-Mar-1999 Statutes: Highways Act 1980 278(2) Jurisdiction: England and Wales Planning Updated: 11 … Continue reading Wards Construction (Medway) Ltd v Kent County Council: CA 3 Mar 1999
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
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
Application for judicial review of a decision by an Inspector appointed by the defendant not to confirm three public path extinguishment orders made by the claimant under section 118 of the Highways Act 1980 Judges: Mr Justice Sullivan Citations: [2005] EWHC 2363 (Admin) Links: Bailii Statutes: Highways Act 1980 118 Jurisdiction: England and Wales Land … Continue reading Hertfordshire County Council, Regina (on the Application of) v Department of Environment Food and Rural Affairs: Admn 14 Oct 2005
Public right of way must be established by enjoyment as of right for 20 years. Citations: Independent 08-Jun-1994 Statutes: Highways Act 1980 31(1) Jurisdiction: England and Wales Cited by: Appeal from – Jacques v Secretary of State for the Environment CA 1995 The Inspector had found that the landowner had, by overt acts directed at … Continue reading Jacques v Secretary of State for the Environment: QBD 8 Jun 1994
Landowners sought judicial review of the decision of the highway authority to refuse an application under section 117 of the 1980 Act for a highway to be stopped up under section 116. They said that the highway was unnecessary as such because it was covered with shrubbery and had never been maintained by the authority. … Continue reading Spice and Others, Regina (on the Application of) v Leeds City Council: Admn 27 Feb 2006
Skinner J discussed the application of section 58 of the 1980 Act saying: ‘that, in assessing whether a council has a defence under section 58 of the 1980 Act, it is necessary to take account of the sort of traffic which would foreseeable use the highway and the character of the road itself.’ and ‘In … Continue reading Jacobs v Hampshire County Council: QBD 28 May 1984
The court considered the extent of defect in a highway needed to found a claim that it was dangerous. It emphasised that the duty must not be made too high, balancing the public need against the private interest.Steyn LJ said: ‘For my part I find it a sterile exercise to make a comparison between the … Continue reading Mills v Barnsley Borough Council: CA 1992
The damages awarded for a compulsory purchase were reduced. The vendor had foreseen the reduction in the value of the land. A significant depreciation of value comes within the expression ‘seriously affected’ in section 246(2A). Citations: Times 13-Nov-1995, [1995] 2 EGLR 213 Statutes: Highways Act 1980 246(2A) Jurisdiction: England and Wales Land, Damages Updated: 28 … Continue reading Regina v Secretary of State for Transport Ex Parte Owen: QBD 13 Nov 1995
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
Whether the decision of the Supreme Court in DPP v. Ziegler [2021] UKSC 23; [2021] 3 WLR 179 requires a criminal court to determine in all cases which arise out of ‘non-violent’ protest whether the conviction is proportionate for the purposes of articles 10 and 11 of the European Convention on Human Rights (‘the Convention’) … Continue reading Director of Public Prosecutions v Cuciurean: Admn 30 Mar 2022
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
Appeal against order stopping up public footpaths. Judges: Laws J Citations: [1997] EWHC Admin 298 Statutes: Highways Act 1980 116 Jurisdiction: England and Wales Land Updated: 12 April 2022; Ref: scu.137243
When considering the need to provide a footpath by side of a new road, the Highway Authority may take into account its own financial constraints. Citations: Times 09-Feb-1998 Statutes: Highways Act 1980 66 Jurisdiction: England and Wales Land, Local Government Updated: 09 April 2022; Ref: scu.87440
The local authority had granted planning permission for a development, but failed to secure either an advance payment for the making up of the estate roads, to secure a bond and agreement, or to make an order exempting the estate form this requirement. The developer failed without the road being made up, and the residents … Continue reading Regina (On the Application of Hughes and Others) v Commissioner for Local Administration: QBD 17 May 2001
When a householder applied for leave to construct a vehicular crossing over a footway to the carriageway, the highway authority was entitled to consider the effect such a way would have on the controlled parking zone, and could go beyond the elements listed in the section. Here the grant of the right would have reduced … Continue reading Regina v Kensington and Chelsea London Borough Council, Ex Parte Eminian: QBD 17 Aug 2000
Grant of s38 rights in a Highways agreement didn’t operate as grant of future public rights of way, nor create an overriding interest. Citations: Ind Summary 12-Jun-1995, Times 21-Apr-1995 Statutes: Highways Act 1980 38(3)(b), Land Registration Act 1925 70(1)(a) Jurisdiction: England and Wales Citing: Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd … Continue reading Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: CA 21 Apr 1995
A Local Authority was liable as the Highway Authority for its breach of statutory duty having left mud on a road, left there by wagons with complaints that there was no sign. Citations: Times 16-Dec-1994, Independent 07-Dec-1994 Statutes: Highways Act 1980 58(1) Road Traffic, Negligence Updated: 09 April 2022; Ref: scu.83759
Dogs which were kept by pathway could not amount to an obstruction of footpath even though they were fearsome. Citations: Times 26-Jul-1996 Statutes: Highways Act 1980 137(1) Road Traffic Updated: 09 April 2022; Ref: scu.82742
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
The clamant sought damages ahving been injured falling from a footbridge. Held: ‘The injuries were not caused by any failure to maintain the highway and the claimant’s claim under the 1980 Act fails. The claimant’s injuries were not the result of any failure by the defendant to take reasonable care to ensure that he was … Continue reading Singh v The City of Cardiff Council: QBD 23 Jun 2017
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
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
The Council appealed against a finding of liability for injuries suffered by the claimant when slipping on moss on a footpath. Haddon-Cave J [2015] EWHC 3330 (QB) Bailii Highways Act 1980 41 England and Wales Personal Injury Updated: 09 January 2022; Ref: scu.558748
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
The complainant has requested information relating to statutory notices issued under the Highways Act 1980. The Commissioner’s decision is that Kent County Council has correctly applied the exception for manifestly unreasonable requests at Regulation 12(4)(b) of the EIR. The Commissioner has also found that Kent County Council has breached Regulation 9(1) by not providing appropriate … Continue reading Kent County Council (Local Government (County Council)): ICO 9 Feb 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
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
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015
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
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
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
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
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
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
Circumstances in which a duty of care arises falling upon the police in the context of their actions at the scene of a road accident caused by locally icy and dangerous road conditions as a result of a water leak and flooding. He re the Claimant says that the Police attending the scene assumed or … Continue reading Tindall and Another v Thames Valley Police and Another: QBD 7 Apr 2020
Appeal by Cornwall County Council against a decision that it is liable for damage caused by floodwater escaping from one of the roads in the county. Lord Dyson MR, Jackson LJ, Sir Stanley Burnton [2013] EWCA Civ 950, [2013] WLR(D) 329 Bailii, WLRD Highways Act 1980 41(1) 58(1) England and Wales Land, Torts – Other … Continue reading Vernon Knight Associates v Cornwall Council: CA 30 Jul 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
Obstruction of Highway – Highway not clear The apellant protesters had been convicted of obstructing the highway by affixing themselves to a fence by a roadway by the Atomic Weapons Establishment. They argued that the road was not a highway and that any obstruction was de minimis. In particular, a green line presumed to indicate … Continue reading Carter-Brown and Others v Crown Prosecution Service: QBD 31 Jul 2017
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
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant said the finding of fact was perverse. Held: There was clear … Continue reading Ernstbrunner v Manchester City Council and Another: Admn 16 Dec 2009
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
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
The claimant appealed against rejection of her claim for damages after slipping on a footpath maintainable by the defendant after an accumulation of mud and debris. The claim appeared to be the first under section 130, and the highway authority denied that any claim for damages might arise under it. Held: The sections from which … Continue reading Ali v The City of Bradford Metropolitan District Council: CA 17 Nov 2010
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
The claimant complained that the respondent had failed properly to secure removal of an admitted obstruction to a public footpath. The landowner had applied for a diversion of the footpath, which the respondent recommended for adoption, but the complainant had objected that the respondent had failed to follow its own policies, in that it should … Continue reading Regina (Ashbrook) v East Sussex County Council: CA 20 Nov 2002
Obstruction of public footpath – application for diversion . .
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority’s negligence in failing to mark the road properly. A ‘Slow’ sign had become faded and had not been maintained.
Held: The judge had . .
A road user was injured on a corner which was known to the highway authority to be dangerous. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view.
Held: The . .
The claimant sought a declaration that the caution registered by the defendant should be vacated. The defendant asserted acquisition by prescription either of an easement or of the land itself. They had parked vehicles on the land.
Held: . .
The claimant had tripped on a footpath on a housing estate. There was a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were both the local housing authority and . .
The claimant sought damages after his vehicle crashed when driving over a pothole in the road maintained by the defendant. . .
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. . .
Appeal against refusal to confirm footpath diversion order. . .
The Inspector had found that the landowner had, by overt acts directed at users of the way in question, including the erection of locked gates and of fencing and of notices, disproved any intention on his part to dedicate.
Held: The . .
Young men were barred from a shopping centre. The private company owner considered that their behaviour was a nuisance.
Held: The owner had the right to determine any licence which the applicants might have had to enter the Centre. The local . .
A hot chestnut brazier was article ‘deposited on highway’ and was removable by a police constable. . .
The court considered the proposed diversion of a public footpath.
Held: ‘ the expression ‘substantially less convenient to the public’ is eminently capable of finding a satisfactory meaning by reference to consideration of such matters as the . .
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 . .
The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed.
Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use . .
Laws pointed out that the law on dedication of had moved forward, saying: ‘Taking the passage cited from Scott LJ in Jones v Bates as a full and convenient description of the common law, it seemed that the material change effected by the statute of . .
The claimant appealed against dismissal of his claim for personal injuries. He had tripped over an uneven pavement. The authority denied that the pavement was within its responsibility. The roadway had been constructed by a developer with an . .
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 . .
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 . .
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 . .
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 . .
