The council sought to recover from the defendant damages for the late completion of roadworks.
Held: ‘The statutory provisions are long and complex. At times I have been inclined to wonder whether they are the product of a demented computer.’ The rules which required the notices to be given within the procedures to start and end the periods at issue, were required not as part of the process of co-ordination of works. The deeming provisions were not irrebutable, and late delivery of an end-notice was not irrebutable evidence of the date at which the work ceased. Works are deemed for purposes of charging to have been begun and concluded in accordance with notices that have been given, but it is open to both Highway Authorities and undertakers to prove that this was not in fact the case.
Judges:
Lord Justice Kennedy Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
Citations:
[2003] EWCA Civ 1524, Times 07-Nov-2003
Links:
Statutes:
New Roads and Street Works Act 1991, Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001
Jurisdiction:
England and Wales
Utilities, Local Government
Updated: 06 August 2022; Ref: scu.187470
