Highways, snow and ice

Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality. Read more
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  NEWS

Nov 16, 2020

Residents group files for judicial review over decision by council to build cycleway through Experimental Traffic Order

A resident's group has applied for a judicial review of a London council's decision to install a 'cycleway' which they say will lead to increased pollution and congestion in their neighbourhood.
Nov 13, 2020

High Court grants permission for judicial review challenge over decision by council to implement Low Traffic Neighbourhood scheme.

Residents in Ealing have been granted permission by the High Court for a judicial review of their council's decision to implement roadblocks in their borough as part of a Low Traffic Neighbourhood (LTN) scheme.
Nov 11, 2020

Court of Appeal says car cruising was "classic case for the grant of an injunction"

The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).
Nov 09, 2020

High Court judge rejects bid for summary judgment, lifts automatic stay in procurement challenge over number plate recognition contract

A High Court judge has dismissed an unsuccessful bidder's application for summary judgment against three councils over the award of a contract to provide a system for automatic number plate recognition (ANPR) in the Tyneside area.
Nov 04, 2020

District council demands town councillor take down VW Beetle mural that calls for motorists to slow down

A town councillor has been told to remove a mural on the side of her house which warns motorists to slow down in a busy street in Bideford.
Oct 30, 2020

Resident denied appeal against HS2 over safety of tunnel design, but vows to pursue further information via FOI

A resident of Camden has been refused permission to appeal a High Court ruling that rejected her judicial review challenge against HS2 over the safety of a tunnel design.
Oct 29, 2020

Couple win Upper Tribunal appeal over whether their property was blighted by road building plans

Warwickshire County Council was wrong to deny that a couple’s property was blighted by long term road building plans, the Upper Tribunal (Lands Chamber) has ruled.
Oct 29, 2020

Ombudsman calls for more holistic approach to Blue Badge and parking bay applications after autistic boy denied application

A London council has agreed to review its application process for Blue Badge and parking bay requests after an investigation by the Local Government and Social Care Ombudsman found it had denied an application from an autistic boy despite him receiving the highest rate of Disability Living Allowance.
Oct 26, 2020

DAC Beachcroft appointed to advise Network Rail on public and employer’s liability claims

Law firm DAC Beachcroft has been appointed to act for Network Rail, the owner and infrastructure manager for most of the railway networks in Great Britain, on its public and employer’s liability claims.
Oct 21, 2020

HS2 protester given suspended sentence for contempt of court

A protester against the High Speed 2 (HS2) rail project has been handed a suspended prison sentence for contempt of court after breaching an earlier order in the first such case concerning HS2.

  FEATURES AND ANALYSIS

October 22, 2020

Highway surfaces and rural landscapes

Chloe Jenkins reports on the successful defence of a claim against the Yorkshire Dales National Park Authority and North Yorkshire County Council brought by a claimant who fell whilst crossing a set of stepping stones in the River Cover in the Yorkshire Dales National Park.
August 27, 2020

Local authority powers and traffic offences

Rob Hann, local government solicitor and author, explores concerns over proposals for new council powers to impose fines and penalties on motorists for some moving vehicle offences.
August 14, 2020

Obstruction of highways

This LexisNexis Local Government guidance note, produced in partnership with Nicholas Hancox Solicitors, provides comprehensive and up to date legal information covering a wide variety of circumstances in which public highways may be obstructed and what measures are available to councils to deal with them.
August 13, 2020

Discretion to exclude bidders lawful

The exercise of a contracting authority's discretion to exclude several bidders in a rail franchise procurement was proved to be lawful. Tom Beard takes a look at the judgment.
July 23, 2020

Deferral of CIL

Christopher Cant looks at the government's proposals on the deferral of the Community Infrastructure Levy and sets out areas of concern for local authorities.
July 23, 2020

Varying and enforcing s106 obligations Part 5: Money claims and ADR

In the fifth and final article in Landmark Chambers’ series on varying and enforcing s. 106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant mop up some miscellaneous matters by looking at money claims and other dispute resolution.
June 26, 2020

How to (lawfully) rename streets and remove statues

Ruchi Parekh highlights the relevant legal framework and some of the issues that councils will need to consider before amending their street names or removing statues.
June 12, 2020

Varying a s106 obligation

In the first in a series of articles to be published by a group of Landmark barristers over the coming weeks, Kate Olley looks at the variation and enforcement of s106 obligations.

  NEWS

Oct 16, 2020

City council apologises after Ombudsman criticises lack of openness during tree removal programme

Sheffield City Council has issued an apology after the Local Government and Social Care Ombudsman issued a report accusing the local authority of not, at times, acting with openness and transparency when removing trees across the city, and when dealing with people’s complaints about that work.
Sep 30, 2020

Taxi drivers mount legal challenge over Streetspace schemes

Organisations representing London taxi drivers have won permission to take the capital’s mayor to judicial review over street closures.
Sep 30, 2020

London borough facing legal action over street closures through experimental traffic regulation order

Objectors to a plan to close streets in Islington to motor traffic have sent the council a pre-action letter warning they will seek judicial review.
Sep 09, 2020

Campaign group crowd funds legal challenge to government over air quality

The Good Law Project, a not-for-profit organisation that aims to use the law to protect the interests of the public, is seeking to crowd fund an action against the government on air quality.
Sep 03, 2020

Isle of Wight Council takes preliminary steps for legal action over ‘floating bridge’ ferry

Isle of Wight Council has taken pre-action legal steps with suppliers of the island’s ‘floating bridge’ ferry after it spent most of the summer out of action.
Sep 01, 2020

Council mulls legal action over neighbouring authority's road closures

Bromley Council has threatened to take legal action against Croydon Council after temporary road closures have caused displaced traffic to congest Bromley's roads.
Sep 01, 2020

Council to hire legal services provider on £1.7m contract to advise on major bypass

North Somerset Council is to appoint a provider to a £1.7m contract to provide legal services for a major transport scheme.
Aug 24, 2020

Judge rejects challenge to how park authority decided against introducing traffic regulation order over off-road driving on two Lake District green lanes

A High Court judge has rejected a legal challenge to a decision not to impose a traffic regulation order (TRO) that would have stopped green lanes in the Langdale area of the Lake District being used for off-road driving.
Aug 24, 2020

Highways England appoints single law firm to £3m contract to clear backlog of network claims

Highways England has appointed law firm Shakespeare Martineau to a £xxm contract to provide advocacy and litigation services for network claims (‘green claims’).
Aug 21, 2020

Taxi drivers group eyes legal challenge over 'Streetspace' policy of London mayor and TfL

The Licensed Taxi Drivers’ Association (LDTA) plans a legal challenge to London mayor Sadiq Khan and Transport for London (TfL) over their Streetspace policy.
Aug 13, 2020

London council reviews Blue Badge assessment process following Ombudsman complaint

The London Borough of Barking and Dagenham has agreed to review the way it assesses applications for the disabled ‘Blue Badge’ parking scheme after the Local Government and Social Care Ombudsman says it found numerous failings in the way the council was running the scheme.
Aug 07, 2020

Campaigners get green light for judicial review of government decision to go ahead with £27bn roads programme

A campaign group has been granted permission for a judicial review challenge of the Transport Secretary’s decision to proceed with the £27bn roads programme (Roads Investment Strategy 2 or RIS2).
Aug 03, 2020

London borough wins HS2 planning case in Court of Appeal

The Court of Appeal has allowed Hillingdon Council’s appeal over a High Court ruling concerning the submission of planning applications by HS2 Ltd under the HS2 Act.
Jul 31, 2020

Council agrees to quashing of lawful development certificate for Dad’s Army railway station building

A district council has consented to the quashing of a lawful development certificate it issued in relation to a railway station building used in the filming of Dad’s Army.
Jul 21, 2020

Council ordered to pay out £150k after tree branch fell and killed driver’s baby

A council has been fined £100,000 and ordered to pay almost £50,000 in costs after a branch from a tree fell and struck the vehicle of a pregnant mother while she was driving with her two children.
Jul 15, 2020

Disabled claimants gear up for legal action over guidance for councils on managing pavements during COVID-19

Two people with disabilities are trying to raise funds for a legal challenge to Government guidance to local authorities on managing pavements for more walking and cycling during the pandemic.
Jul 02, 2020

County council launches claim for costs to repair defects on guided busway

Cambridgeshire County Council is again locked in litigation with construction contractor BAM Nuttall over its guided busway, seven years after their last dispute was settled.
Jul 01, 2020

New regulations to allow trials of rental e-scooters

Rental electric scooters will be allowed on roads, cycle lanes and tracks in the UK on a trial basis from this Saturday (4 July), the Government has said.
Jun 30, 2020

Chris Packham given permission to appeal in HS2 legal challenge

The Court of Appeal has agreed to hear broadcaster Chris Packham’s appeal regarding an application for permission for judicial review of the Prime Minister’s decision to proceed with the HS2 railway project.
Jun 30, 2020

Court of Appeal hears challenge to introduction of congestion charge for minicab drivers

The Court of Appeal will this week hear an appeal by the Independent Workers Union of Great Britain (IWGB) over Mayor of London Sadiq Khan’s decision to introduce a congestion charge on minicab drivers.
Jun 22, 2020

Ministry urges councils to shy away from enforcement action that would unnecessarily restrict outdoor stalls

The Ministry for Housing, Communities and Local Government has called on local authorities not to undertake enforcement action which would result in unnecessarily restricting outdoor stalls.
Jun 17, 2020

Decision to disqualify bidders from rail franchise procurements was lawful: High Court

A Department for Transport decision to disqualify three bidders from procurement competitions for the South Eastern, East Midlands and West Coast Partnership passenger rail franchises was lawful, a High Court judge has ruled.
Jun 15, 2020

Blackpool Borough Council awarded £1.1m in tram depot construction claim

A High Court judge has awarded Blackpool Borough Council £1.1m in damages in a claim for alleged breaches of contract in relation to the design and construction of a new tram depot.
Jun 03, 2020

High speed rail operator names four firms to multi-million pound legal services framework

HS1, which has the 30-year concession to own and operate High Speed 1, the UK’s first section of high speed rail, has appointed four firms to a legal services framework.
Jun 02, 2020

Council loses Court of Appeal battle over personal injury claim following tree root trip in park

The Court of Appeal has found that a council was liable for an injury suffered by a claimant when she tripped on a tree root on a path constructed in a park by one of its predecessor authorities.

  MORE FEATURES

June 12, 2020

The End of PFI or… a new dawn for local authority infrastructure investment?

Rob Hann assesses new guidance from the National Audit Office for public bodies as PFI contracts start coming to an end, and looks at what the future holds for local authority investment.
June 05, 2020

Decision time

Shivaji Shiva looks at government initiatives, as part of its response to the COVID-19 pandemic, to reshape our towns and cities for safer travel.
June 04, 2020

Gulliksen dead and McGeown fatally wounded?

Matthew White looks at the key points for highways authorities and claimants from an important Court of Appeal ruling this week.
June 01, 2020

Compulsory purchase in the time of coronavirus

Simon Randle, Vivienne Sedgley and Katharine Elliott analyse recent government guidance on compulsory purchase orders during the pandemic.
March 06, 2020

The role of judicial review applications in the CIL regime

A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.
March 06, 2020

Heathrow Airport expansion and climate change policy

The Court of Appeal has declared the Heathrow expansion decision unlawful on climate change grounds. David Hart QC explains why.
December 13, 2019

Accidents arising from street furniture

A council has been fined £1.4m after a child suffered a life-changing head injury on a street bollard. Ridwaan Omar examines the lessons to be learned.
November 22, 2019

Traffic management orders and equalities impacts

The High Court has dismissed an equalities challenge brought by the trustees of the Central Gurdwara over the impact of a traffic management order on the Sikh Temple. Charles Streeten explains why.
November 08, 2019

Recovering costs after the lifting of automatic suspensions

Melanie Pears and Tim Care examine a case where a claimant bidder argued that the defendant contracting authority should not have all the costs of its successful application to lift an automatic suspension.
October 11, 2019

Procuring bike share schemes

Colin Murray and Bradley Martin set out how public bodies can procure bike share schemes - without reinventing the wheel.
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October 04, 2019

Abandoning a procurement exercise - when can a contracting authority extinguish a challenge?

Lucy James looks at the legal effect of a decision to abandon a procurement exercise and whether it extinguishes an accrued cause of action a bidder may have against a contracting authority for breaches of the Public Contracts Regulations 2015 SI 2015/102 (PCR 2015).
September 20, 2019

CIL Pools and the latest changes (in England)

Rachel Sykes analyses the impact on local authorities of the latest changes to the Community Infrastructure Levy regime that came into force at the beginning of September.
September 06, 2019

Cleaning up the air we breathe

Rob Hann looks at the pressures on local authorities to push forwards at pace with their clean air initiatives.
July 12, 2019

Construction of a highway

If a highway authority built a highway, it is highway maintainable at public expense. Matthew White reports on a significant High Court ruling for local authorities.
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May 10, 2019

Airports NPS challenges: the result

A Divisional Court has rejected the legal challenge brought by a group of councils and other claimants over the endorsement of a third runway at Heathrow. Angus Walker looks at the judges' findings.
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April 26, 2019

Local authorities and traffic light controlled junctions

A city council has successfully defended a claim brought by a motorcyclist over the phasing of a traffic light-controlled junction. Nicola Hyam and David Williams explain how.
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April 18, 2019

Between Blackpool rock and a highway hard place

Had a claimant who tripped on a kerb been successful in a recent case, it could have led to Blackpool Council having to consider redesigning its popular new promenade area at very considerable cost. Paul Murphy explains how the authority successfully defended the claim.
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April 12, 2019

Problems with service of CIL documents

Christopher Cant examines the challenges that arise when seeking to comply with the Community Infrastructure Levy regime.
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March 15, 2019

Proving the size of highway defects

A recent High Court ruling in a claim against a highways authority over a pothole demonstrates why measurements of length, width and depth are crucial, writes Dominique Smith.
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December 21, 2018

Transferring interests in highways

The Supreme Court has handed down a ruling in a dispute between two London councils and Transport for London on the extent of the transfer of a 'highway'. David Elvin QC explains the outcome.