Adoption of highways — Challenge to adoption — Respondent bringing private law trespass proceedings — Whether challenge to be confined to statutory remedies or judicial review — Appeal allowed
Highway — Request to highway authority to apply for stopping-up order — Factors to be taken into account when deciding whether to make application — Extent of discretion to refuse…
Highway scheme — Public consultation — Legitimate expectation — Expectation that choice of routes would be presented for public consultation — Whether presentation of a single route breaching requirement for…
Highways Act 1980 — Section 38 agreement — Indemnity clause — Town and Country Planning Act 1990 — Section 106 agreement — Indemnity clause — Developers agreeing to construct roads…
Development — Stopping-up of highway — Planning inspector recommending stopping up to facilitate development — Defendant secretary of state making order — Claimant applying to quash decision — Application dismissed
Public footpath — Conflicting position of footpath on definitive map and statement — Order modifying definitive map — Inspector refusing to confirm order — Whether definitive map or statement taking…
Highway authority — Duty of care — Whether common law duty to remove or to prevent formation of ice on roads — Highways Act 1980 — Appeal dismissed
Boundary dispute — Housing development — Public highway Fence-to-fence presumption — Highway works proposed at junction of two public roads — Whether proposed works encroaching on claimant’s land — Claim…
Highway authority — Duty of care — Whether common law duty to remove or to prevent formation of ice on roads — Highways Act 1980 — Claim dismissed
Street works — Charges — Charge payable if street works overrunning — Defendant contractor failing to serve on time end notice notifying authority of completion of works — Whether conclusive…
Highways — Highway maintainable at public expense — Breach of statutory duty — Section 36(2)(a) of Highways Act 1980 — Public footpath on housing estate — Footpath constructed by predecessor…
Appellant constructing an access way onto major road — Whether road classified for purposes of planning control — Burden of proof — Appeal dismissed