Archive for the 'roads' Category

Kent County Council (Filming on Highways) Act 2010

Kent County Council (Filming on Highways) Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Maroudas v Secretary of State for the Environment, Food and Rural Affairs [2010] EWCA Civ 280; [2010] WLR (D) 81

“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”

WLR Daily, 19th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Smith) v Land Registry – WLR Daily

Regina (Smith) v Land Registry [2010] EWCA Civ 200; [2010] WLR (D) 72

“Title to land over which a public highway runs could not be acquired by adverse possession.”

WLR Daily, 11th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWHC 278 (QB); [2010] WLR (D) 46

“The effect of regs 3 and 4 of the Street Works (Maintenance) Regulations 1992, when read with s 81 of the New Roads and Street Works Act 1991, was that an highway and street authority could not make a valid charge against a statutory undertaker for emergency works which the authority had carried out to secure apparatus for which the undertaker was responsible unless the undertaker had failed to afford the authority facilities to inspect the apparatus and unless the authority’s belief that the apparatus had not been maintained were informed by a subsidence or disturbance of the road surface.”

WLR Daily, 22nd February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Firm sued for £6.6m road repair – BBC News

“An engineering firm is being sued over work done on the A5 in north Wales by the Welsh Assembly Government.”

Full story 

BBC News, 22nd January 2009

Source: www.bbc.co.uk

Kay v Commissioner of Police of the Metropolis – WLR Daily

Kay v Commissioner of Police of the Metropolis [2008] UKHL 69; [2008] WLR (D) 00; [2008] WLR (D) 369

A procession could be ‘commonly or customarily held’, so as to be exempt from the requirement to give advance notice to the police under s 11 of the Public Order Act 1986, even though on each occasion it took a different route.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chilton-Merryweather v Hunt and Others – Times Law Reports

Chilton-Merryweather v Hunt and Others

Court of Appeal

“An increase in noise and pollution caused by growth in the volume of traffic on a motorway was not sufficient to justify a reduction in the council tax for neighbouring properties.”

The Times, 9th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Sisters of the Sacred Heart of Mary Ltd and Others v Kingston upon Thames Borough Council – Times Law Reports

Sisters of the Sacred Heart of Mary Ltd and Others v Kingston upon Thames Borough Council

Chancery Division

“The introduction by Kingston upon Thames Borough Council of an unmanned code-operated barrier to control entry to Warren Road, a private road that provided access from a public road to the Coombe Estate, would amount to a substantial interference with the statutory rights of the Sisters of the Sacred Heart of Mary Ltd, Holy Cross Sisters Trustees Inc, Rokeby Educational Trust Ltd, who run three schools, and Unilever plc, who run a training centre, to use the relevant roads for going to or leaving their premises.”

The Times, 18th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

“Big Brother” plan for police to use new road cameras – The Guardian

“‘Big Brother’ plans to automatically hand the police details of the daily journeys of millions of motorists tracked by road pricing cameras across the country were inadvertently disclosed by the Home Office last night.”

Full story 

The Guardian, 18th July 2007

Source: http://www.guardian.co.uk

Road charging ‘sneaked through Parliament’ – Daily Telegraph

“Britain has secretly signed up to a pan-European road pricing scheme, it became clear last night.”

Full story

Daily Telegraph, 22nd June 2007

Source: www.telegraph.co.uk

Regina (Kay) v. Commissioner of Police of the Metropolis – Times Law Reports

Monthly mass cycle rides require notice to police

Regina (Kay) v. Commissioner of Police of the Metropolis

Court of Appeal

“Because they followed no fixed route, monthly campaigning cycle rides through central London could not be considered commonly and customarily held processions and therefore the organisers were required to give the police prior notice of the names of organisers, date and start time and intended route.”

The Times, 13th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

O’Connor and Others v. Wiltshire County Council – Times Law Reports

County’s duty as highway authority

O’Connor and Others v. Wiltshire County Council

Court of Appeal

“A county council could not contract out its liability to maintain a public highway even if the highway had been constructed by someone who had not been a highway authority and contribution towards the costs of the construction of the road had been made by a third party.”

The Times, 28th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Kay v. Commissioner of Police of the Metropolis – WLR Daily

Kay v. Commissioner of Police of the Metropolis

“Since no fixed route was followed the monthly mass cycle rides through central London could not be considered commonly or customarily held processions and therefore the organisers were required to give the police prior notice of the names of organisers, date and start time and intended route.”

WLR Daily, 21st May 2007

Source: www.lawreports.co.uk 

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Push towards pay-as-you-go roads – BBC News

“The government is pushing ahead with plans to introduce road pricing schemes in England and Wales despite a huge public campaign against them.” 

Full story

BBC News, 22nd May 2007

Source: www.bbc.co.uk

O’Connor and others v. Wiltshire County Council – WLR Daily

O’Connor and others v. Wiltshire County Council [2007] EWCA Civ 426

A public highway was not necessarily constructed “on behalf of” a person who made some contribution towards the cost of its construction and the fact that someone had contributed towards the costs of construction did not prevent the highway being maintainable “at the public expense” for the purposes of s 36(2) of the Highways Act 1980 and s 19(3) of the Land Compensation Act 1973.”

WLR Daily, 9th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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