Search Results for: Highways Act 1980 35

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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

Hertfordshire County Council v Secretary of State for the Department of Environment Food and Rural Affairs: CA 14 Dec 2006

The court considered the extinguishment of footpaths after provision had been made voluntarily for alternative footpaths. Held: A footpath should not be extinguished until the new footpath had been designated. Such arrangements should not be left contingent on uncertain future events. Judges: Lord Justice Ward, Lord Justice Wall and Lord Justice Richards Citations: [2006] EWCA … Continue reading Hertfordshire County Council v Secretary of State for the Department of Environment Food and Rural Affairs: CA 14 Dec 2006

Regina (Hargrave and Another) v Stroud District Council: CA 22 Jul 2002

The applicants had sought to vary a footpath to move it further away from their house. The parish council objected. The council had decided that it would be expedient under the Act to divert it, but went on to decide against a diversion and against referring the decision to the Secretary of State. The land … Continue reading Regina (Hargrave and Another) v Stroud District Council: CA 22 Jul 2002

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

Hertfordshire County Council, Regina (on the Application of) v Department of Environment Food and Rural Affairs: Admn 14 Oct 2005

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

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

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

Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 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

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

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