Search Results for: Highways Act 1980 66

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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

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

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

Hampshire County Council (Local Government): ICO 24 Mar 2021

The complainant requested information about two different types of statutory notices issued by Hampshire County Council (the council) under the Highways Act 1980. The council issued a refusal notice to the complainant, initially citing section 12(1) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, confirming that … Continue reading Hampshire County Council (Local Government): ICO 24 Mar 2021

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

Ramblers’ Association v The Secretary of State for Environment, Food and Rural Affairs and Others: Admn 8 Nov 2012

‘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 confirmed an order known as the Oxfordshire County Council Bodicote Footpath No 8 (Part) and … Continue reading Ramblers’ Association v The Secretary of State for Environment, Food and Rural Affairs and Others: Admn 8 Nov 2012

Devon County Council v Webber and Another: CA 19 Apr 2002

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

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

Jacques v Secretary of State for the Environment: QBD 8 Jun 1994

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

Spice and Others, Regina (on the Application of) v Leeds City Council: Admn 27 Feb 2006

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

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

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

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

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

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