One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600 3

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. Read more
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  NEWS

Dec 05, 2019

Council fined £1.4m after child suffers life-changing head injury in “easily preventable” incident

Hampshire County Council has been fined £1.4m after a six-year-old girl playing on an unsecured street bollard suffered a life-changing head injury.
Dec 03, 2019

Local authority defeats High Court statutory challenge over traffic regulation order

Cumbria County Council has defeated a statutory challenge to a traffic regulation order (“TRO”) made in respect of an unadopted highway in Carlisle city centre.
Dec 02, 2019

Campaigners secure funds for potential judicial review of new Bedford to Cambridge rail route

A campaign group has said it has successfully raised sufficient funds to pursue a judicial review against East West Rail (EWR) should a route announcement for the new Bedford to Cambridge rail line be by way of Bassingbourn or neighbouring villages.
Nov 28, 2019

London borough defeats housebuilders in dispute over adoption of roads

A district judge has ruled that two roads are of so little use to the public that the London Borough of Barnet need not adopt them.
Nov 19, 2019

Driver and Vehicle Standards Agency names 12 firms to £4m legal services framework

The Driver and Vehicle Standards Agency (DVSA) has appointed 12 law firms to a framework for the provision of prosecution and legal services worth an estimated £4m.
Nov 11, 2019

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order

A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.
Oct 18, 2019

Court of Appeal hears challenge from councils, London Mayor to Heathrow expansion approval

The Court of Appeal has this week begun hearing an appeal from five councils, the Mayor of London and Greenpeace over the Government’s decision to approve Heathrow expansion.
Oct 17, 2019

Borough council defeats legal challenge over land being safeguarded in Local Plan for train depot

Ashford Borough Council has defeated a High Court challenge to its local plan brought by a developer who objected to land being safeguarded for a train depot.
Oct 15, 2019

Borough council fined £300k over fatal collision involving bus passenger

A council has been fined £300,000 after a passenger was killed when run over by a lorry at a bus station.
Oct 02, 2019

Equalities watchdog sets up legal support project for transport discrimination claims

The Equality and Human Rights Commission has launched a legal support project to help individuals with transport discrimination claims.
Sep 26, 2019

Elected mayor criticises North East transport body over procurement of train contract

Tees Valley’s Conservative elected mayor has criticised the region’s Labour councils over the reported award of a rail contact to a foreign firm instead of locally-based Hitachi Rail.
Sep 25, 2019

Ombudsman criticises council and contractor after people "may have been denied right to challenge parking tickets in court"

The Local Government and Social Care Ombudsman has found Cherwell District Council’s car parking contractor at fault, saying its actions meant people may have been denied their rights to challenge parking tickets through the courts.

  FEATURES AND ANALYSIS

December 06, 2019

It’s not always the council’s fault: Gorringe reprised

Following a tragic accident where the claimant was struck by a London bus whilst crossing a road sustaining multiple serious injuries, Central London County Court has struck out the claimant’s claim against a London borough. Steven Conway explains why.
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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  NEWS

Sep 02, 2019

Government publishes revised guidance aimed at simplifying advice on Community Infrastructure Levy regime

The Ministry for Housing, Communities and Local Government has published new planning practice guidance designed to “further simplify advice on the CIL regime, helping communities and developers understand what is required”.
Aug 27, 2019

Isles of Scilly Council to appoint legal adviser for support on electronic vehicle technology project

The Council of the Isles of Scilly plans to appoint a legal services provider to support a project developing an alternative fuelling network, multi modal travel hubs and mobility platform to encourage adoption of ultra-low carbon transport.
Aug 12, 2019

Unsuccessful bidder challenges TfL over award of contract for proposed Silvertown Tunnel

The reserve bidder for the design, build, finance and maintain contract for the proposed Silvertown Tunnel has launched a legal challenge to the procurement process undertaken by Transport for London.
Aug 06, 2019

High speed rail operator to procure £15m legal services framework

HS1 Ltd, which has the 30-year concession to own and operate High Speed 1 (the UK’s first section of high-speed rail), is to appoint providers to a legal services framework worth an estimated £15m over seven years.
Aug 05, 2019

London borough wrongly destroyed pizza van, Local Government and Social Care Ombudsman says

The London Borough of Barnet has reviewed its policy concerning abandoned vehicles and planned new training for its staff after the Local Government and Social Care Ombudsman found that the council’s order to destroy a pizza van was not justified.
Aug 02, 2019

Council seeks to overturn gagging order following change of political control

One of three councils that signed gagging orders with Highways England over the Oxford-Cambridge Expressway project has said it will reconsider the issue, and two now oppose the project outright.
Jul 25, 2019

Mayor of London defeats judicial review claim over removal of exemption from congestion charge for PHV vehicles

A High Court judge has rejected a claim for judicial review of a decision removing the exemption from liability to pay the congestion charge in Central London from private hire vehicles save for those designated as wheelchair-accessible vehicles.
Jul 22, 2019

Motorcyclists fail in Court of Appeal action over making of road traffic regulation order

The Court of Appeal has rejected an appeal by a motorcyclists’ group over a road traffic regulation order (TRO) made by Hampshire County Council.
Jul 10, 2019

Transport Secretary defeats High Court challenge over decision on Oxford to Cambridge Expressway

A High Court judge has dismissed a legal challenge to the Transport Secretary’s decision to accept recommendations from Highways England on the choice of a preferred corridor for the proposed new Oxford to Cambridge Expressway.
Jul 03, 2019

Council wins High Court battle over development and certificate of lawfulness

A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.
Jul 01, 2019

Birmingham City Council and Amey reach deal for contractor to exit highways PFI contract

Birmingham City Council and Amey have reached a settlement agreement that will allow the contractor to exit from the £2.7bn Birmingham Highways PFI contract.
Jun 27, 2019

Claimant wins appeal over status of path on which she was injured

A council was liable for an injury caused by a poorly maintained path regardless of whether it was originally intended to be ‘a highway’, a High Court judge has ruled.
Jun 24, 2019

Greater Manchester set to become first city region to pursue bus franchising

Greater Manchester is set to become the first city-region to pursue the franchising of bus services under the Bus Services Act 2017 as part of Mayor Andy Burnham’s 10-year plan for public transport.
Jun 05, 2019

Councils to be required to report on deals with housing developers

Councils will be required to report on the agreements reached with housing developers to pay for infrastructure, under new rules laid in Parliament this week.
May 29, 2019

Judge issues ruling in preliminary trial of legal actions over highways procurement and abandonment decision

A High Court judge has handed down his findings in a preliminary trial of a procurement challenge brought over the award of a highways contract where the claimant scored just 0.03 lower than the winning bidder.
May 29, 2019

TfL names 15 law firms to £86.25m legal services panel

Transport for London (TfL) has selected 15 law firms to provide external legal support across eight disciplines as part of its new legal panel.
May 23, 2019

Council to make new Traffic Regulation Order after Ombudsman investigation into refusal of parking permits

Stockport Metropolitan Borough Council has agreed to make a new Traffic Regulation Order after an investigation by the Local Government and Social Care Ombudsman found that residents in new-build properties in its town centre were unfairly refused parking permits.
May 22, 2019

Network Rail to hold market sounding exercise ahead of procuring claims handling and litigation service

Network Rail Infrastructure has issued a market sounding briefing and questionnaire in advance of finalising a proposal to procure a claims handling and litigation service provider to work with the company’s existing insurance team.
May 21, 2019

Judge refuses application by unsuccessful bidder for injunction over award of road improvement contract

A High Court judge has refused an application by an unsuccessful bidder for an interim injunction over the London Borough of Haringey’s decision to award a £630,000 road-improvement contract near the new Spurs stadium to a rival contractor.
May 16, 2019

Government issues council with direction to implement clean air charging zone

The Government has issued a legal direction to Coventry City Council ordering it to implement a clean air charging zone for polluting vehicles.
May 13, 2019

Department for Transport knew in advance of signing freight contracts that procurement challenge was likely to succeed

The accounting officer at the Department for Transport concluded that a procurement challenge was likely to be successful if it was raised over the signing of contracts for additional freight capacity on ferry services between Britain and mainland Europe, it has emerged.
May 02, 2019

City to review transport policy for adults with special educational needs following Ombudsman investigation

Birmingham City Council has agreed to a series of measures including a review of its transport policy for adults with special education needs after it emerged that a mother had to drive five hours a day to take her adult son to his specialist college, because the local authority did not provide him with transport.
May 01, 2019

Councils fail in legal challenge over Heathrow Airport expansion

A Divisional Court has dismissed a legal challenge brought by five councils, the Mayor of London and a number of other claimants over the Secretary of State for Transport’s decision to designate the Airports National Policy Statement (“ANPS”), which sets out that the Government’s preferred location for additional airport capacity in the South East of England is a new runway at Heathrow.
Apr 16, 2019

Transport for Wales appoints law firm to £500k bus industry advice contract

Transport for Wales has awarded law firm DLA Piper a contract worth an estimated £500,000 to provide expert legal and regulatory support and advice on matters relating to the bus industry.
Apr 11, 2019

Regulator warns policy makers to “think very carefully” before setting up charity for singular public project

The fact that more than £50m of public funds was spent by the Garden Bridge Trust without producing demonstrable public benefit or impact represented “a failure for charity which risks undermining public trust”, the Charity Commission has said.
Apr 10, 2019

Council-owned London Luton Airport to bring in specialist legal advice for airport expansion

London Luton Airport, which is wholly owned by Luton Borough Council, is to seek specialist legal advice on commercial, construction and planning law in relation to a project which will involve expanding the airport.
Apr 08, 2019

MPs launch inquiry into pavement parking amid claims of ministerial inaction

MPs are to hold an inquiry to explore the problems of pavement parking in England, amid claims that the Government has failed to take action over the issue.
Apr 03, 2019

MPs demand urgent action from Government to help local authorities prepare for Brexit

MPs on the Housing, Communities and Local Government Committee have called on the Government to take urgent action to enable local authorities to prepare for the consequences of Brexit.

  MORE FEATURES

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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.
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October 26, 2018

Enforcing s106 agreements

What can you do if in relation to s.106 agreements things don’t work out as planned? Gary Soloman explains.
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September 07, 2018

Contractual interpretation: the Amey dispute

Deborah Down considers how a contractor’s rigid approach to what a highways maintenance contract said, led to unintended consequences for the authority.
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August 24, 2018

Tripped up

A borough council in the West Midlands recently secured a finding of fundamental dishonesty in a highways tripping case. Matthew Harpin sets out how.
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July 20, 2018

Highways and inspection systems

A council’s annual inspection system was recently found by a court to be adequate for the purposes of S.58 of the Highways Act 1980 (the Act) when determining liability. Lucie Evans and Suzanne Milne report.
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May 25, 2018

Impaired lines of sight and motor accidents

Should a landowner or highways authority face liability for obstructed sightlines? John Goodman analyses a recent Court of Appeal ruling that wil be a useful case for highway authorities and other landowners.
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April 20, 2018

CPO and compensation: key changes

Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.
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April 06, 2018

Ports and good governance

Local authorities that manage municipal ports need to consider and implement the government's new Ports Good Governance Guidance, writes Lara Moore and Ione McGregor.
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February 23, 2018

Installing barriers on public highways

LexisPSL Local Government, in partnership with Laura Hughes of Browne Jacobson, deals with the question of the powers available to a local authority when installing gates or barriers on public highways.
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January 19, 2018

Dealing with icy car parks

The Court of Appeal recently rejected a claim for damages brought by a 78-year-old man who fell on ice in a council-operated car park. Claire Booth explains why.
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December 15, 2017

Continuing issues with CIL

Christopher Cant analyses some of the thorny issues thrown up by regime for the Community Infrastructure Levy.
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August 24, 2017

Direct action and injunctions

Protestors have been stopped from preventing a tree-felling programme run by Sheffield City Council. Yaaser Vanderman sets out the judge’s reasoning for granting an injunction.
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August 17, 2017

Seeing through the smog

How can local authorities interpret DEFRA’s Clean Air Zone Framework in compliance with the law? Anna Heslop looks at the background and an important legal test.
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August 17, 2017

Public rights over public spaces

Laura Renaudon reports on a rights of way order decision concerning a definitive map modification application over a public park owned by Durham County Council.
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August 10, 2017

The scope of “highway” for GLA Roads vesting

The Court of Appeal has determined the scope of “highway” for GLA Roads vesting. David Elvin QC reports on a successful appeal by two councils.
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