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Diverting a footpath under section 119 of the Highways Act 1980

The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling. Read more
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  NEWS

Apr 29, 2021

High Court judge hands down ruling on lawful scope of statutory consultation response

Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.
Apr 29, 2021

Campaigner loses High Court challenge over Natural England decision on tree felling in wood affected by HS2

A High Court judge has dismissed as unarguable all the grounds advanced by environmental activist Mark Keir against Natural England’s decision to allow the felling of part of a wood for works on the HS2 rail project.
Apr 21, 2021

Lambeth facing legal challenge over low traffic neighbourhood

A disabled local resident expects to take the London Borough of Lambeth to court next month in a dispute over a low traffic neighbourhood.
Apr 14, 2021

London borough fails in High Court challenge over HS2 construction traffic routes

The London Borough of Hillingdon has lost a High Court judicial review against two Whitehall departments over routes for HS2 construction traffic in the borough.
Apr 07, 2021

TfL given permission for appeal in Streetspace dispute

Transport for London has been granted the right to appeal against a High Court ruling that its traffic reduction policies were unlawful.
Apr 07, 2021

Religious organisation wins County Court ruling over removal by council of adverts on buses

A religious organisation has won a county court case against Blackpool Borough Council and its wholly-owned Blackpool Transport Services, which refused to advertise its rally on the sides of buses.
Apr 07, 2021

Court of Appeal gives permission for judicial review challenge over low traffic neighbourhood policy in Hackney

A local campaign group opposed to the London Borough of Hackney’s policy of closing streets to through traffic has been given leave for a judicial review at its third attempt.
Apr 07, 2021

Transport for Greater Manchester names six law firms to major projects panel

Transport for Greater Manchester has appointed six law firms to a lot in its £88m Professional Services Framework covering legal services for major or complex projects.
Apr 07, 2021

Merseytravel to appoint single firm as advisors on rail matters under £750k contract

Merseytravel has given notice of its plans to appoint a single law firm or ABS (alternative business structure) to act as its principal external legal advisors in relation to rail matters under a contract worth an estimated £750,000.
Mar 11, 2021

High Court hands down ruling on council resources and provision of footways

The High Court has given its first ruling on the meaning of s.66(1) of the Highways Act 1980, which concerns the provision of footways.

  FEATURES AND ANALYSIS

March 19, 2021

Compulsory acquisition, Green Belt policies and undefined boundaries

The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.
March 05, 2021

When fixation becomes legal irrationality

John Pugh-Smith examines two recent judicial review challenges where judges have upheld a ground of 'irrationality'.
February 15, 2021

Rights of Way: An introduction to Private and Public Rights of Way

Lynsey Ellard and Carol Ramsden provide an overview of the differences between private and public rights of way; the characteristics of private and public rights of way; how they are created and how creation may be controlled and how private rights of way may be protected.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
January 29, 2021

When is a policy not a policy: Supreme Court on Heathrow expansion

In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.
December 18, 2020

Inspecting the “soft estate"

A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.
November 06, 2020

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.
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.

  NEWS

Mar 04, 2021

Court of Appeal upholds ruling on order diverting footpath round garden of private house

Wording in the Highways Act 1980 does not prevent an inspector from considering competing interests when a footpath is to be diverted, the Court of Appeal has found.
Mar 03, 2021

Budget 2021: reaction from the sector

Local Government Lawyer looks at the reaction of the sector to Chancellor Rishi Sunak’s Budget.
Mar 03, 2021

Budget 2021: key measures

Local Government Lawyer identifies some of the key measures from Chancellor Rishi Sunak’s Budget affecting the local government and housing sectors.
Feb 25, 2021

Cycling charity brings judicial review over decision by council to remove lockdown cycle lane

A cycling charity has applied to take West Sussex County Council to judicial review over the removal of a cycle lane introduced during lockdown.
Feb 24, 2021

Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order

The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.
Feb 18, 2021

Judge criticises ‘rolling’ judicial reviews in dispute over parking control zone: report

A judge has reportedly condemned the practice of ‘rolling’ judicial reviews in which the same issue is raised in different guises.
Feb 16, 2021

High Court judge approves quashing of Development Consent Order for WW2 airport in Kent

The Development Consent Order for Manston Airport in Kent has this week been formally quashed by the Planning Court.
Feb 11, 2021

Council blames technical legal error after agreeing to quash experimental traffic order

The London Borough of Camden has agreed to quash an experimental traffic order in one of series of legal battles between councils and those opposed to the blocking off of streets.
Feb 11, 2021

London Mayor to appeal High Court ruling that Streetspace policy was unlawful

London Mayor Sadiq Khan has asked the Court for Appeal to hear a challenge to a High Court ruling that his Streetspace policy and closure of part of Bishopsgate were unlawful.
Jan 28, 2021

Traders threaten city council with legal challenge over pedestrianisation plan

Independent traders in a Bristol street have threatened legal action against the city council over a pedestrianisation plan.
Jan 21, 2021

Law firm awarded £640k contract to provide planning advice on bypass

Law firm Burges Salmon has been appointed to a £642,950 contract to advise North Somerset Council on a major transport scheme.
Jan 20, 2021

Taxi drivers win High Court challenge over Streetspace plan

London’s taxi trade has hailed High Court rulings in which it won on four out of five grounds under which it challenged Mayor Sadiq Khan’s Streetspace plan.
Jan 07, 2021

Court of Appeal criticises both sides in Blue Badge parking dispute where claimant costs exceeded £60,000

The Court of Appeal has imposed a costs order against a London borough and criticised both sides for the way a dispute over a parking Blue Badge ended up in the courts.
Dec 23, 2020

High Court judge allows legal challenge but declines to quash experimental traffic order

A High Court judge has allowed a legal challenge to the introduction of an experimental traffic order (ETO) in the City of London, but refused to quash the ETO.
Dec 22, 2020

County facing legal challenge over decision to respond as statutory consultee - in capacity as highways authority - to application for planning permission

The High Court has granted permission to judicially review the decision of Norfolk County Council to formally respond as statutory consultee, in its capacity as highways authority, to an application for planning permission, it has been reported.
Dec 15, 2020

DfT calls in Pinsent Masons for Stonehenge judicial review

The Department for Transport has appointed law firm Pinsent Masons to provide legal support in relation to the judicial review challenge over government plans to build a dual carriageway beneath the Stonehenge World Heritage Site.
Dec 10, 2020

Judge considers 18th century legislation to resolve bridleway row

A High Court judge has had to consult legislation dating back to the 18th century in a dispute over a bridle road in Somerset.
Dec 08, 2020

Council facing judicial review over removal of trial cycle lane

A campaign group, in collaboration with the Environmental Law Foundation, plans to bring a judicial review challenge against a London council's decision to dismantle a temporary cycle lane before its trial period had ended.
Dec 08, 2020

Council defeats legal challenge over decision to rename square called after Elizabethan sailor with slave trade links

A district judge has rejected a legal challenge over a decision by Plymouth City Council to change the name of a square from an Elizabethan sailor associated with the slave trade, Sir John Hawkins, to a black footballer, Jack Leslie.
Nov 30, 2020

Campaign group crowd funds judicial review challenge of Stonehenge dual carriageway plan

A group in opposition to the government's recently approved plan to build a dual carriageway beneath the Stonehenge World Heritage Site has launched a crowdfunding campaign to fund a judicial review of the decision.
Nov 30, 2020

Council defeats High Court personal injury claim brought by cyclist who swerved on to wrong side at bend in road

A High Court judge has rejected a claim brought by a cyclist against a highways authority for personal injuries and loss suffered as a result of an accident on a bend in the road.
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.

  MORE FEATURES

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.
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.