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.


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