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Council liability in cases of personal injury suffered on public highways

Thom Lumley and Catherine Zakarias-Welch analyse another significant ruling on liability for injuries sustained on public highways, in which the court reinforced the considerable evidentiary responsibility resting with claimants. Read more
SPOTLIGHT

  NEWS

Jun 09, 2025

David Kerfoot obituary

David Browne and Stephen Humphreys pay tribute to planning solicitor David Kerfoot.
Jun 04, 2025

Council secures fundamental dishonesty finding in highways tripping claim

A local authority has secured a finding of fundamental dishonesty in a highway ‘tripping’ claim, with its counsel reporting that the court had agreed it was not possible for the claimant to have been in the vicinity of the defective pavement at the point he sustained his injury.

  FEATURES AND ANALYSIS

June 06, 2025

The statutory duty under s.41 Highways Act 1980

Carol Cheng makes some observations on two different public liability cases alleging breach of statutory duty under s.41 Highways Act 1980 (Duty to maintain highways maintainable at public expense) which gave rise to different outcomes.
May 02, 2025

Time limits and CIL

Christopher Cant looks at the lessons to be learned from a recent judicial review challenge over a council’s decision to issue and serve a CIL (Community Infrastructure Levy) stop notice.
April 22, 2025

Cross-examination in judicial review

The High Court has rejected a parish council’s claim of legitimate expectation in a dispute over whether a district’s leader made a binding promise in a local meeting about the route of a ‘greenway’. Charles Streeten and Michael Feeney analyse the ruling.
April 04, 2025

Take it to the bridge

The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.

  NEWS

Oct 30, 2024

FOI requests made to council not vexatious, Tribunal rules

An individual who has contributed to the Bexley Council is Bonkers blog made Freedom of Information requests that were neither vexatious nor unreasonable, the First-tier Tribunal (General Regulatory Chamber) Information Rights has found.

  MORE FEATURES

January 15, 2025

Removal of neighbourhood traffic schemes

A High Court judge has dismissed a judicial review claim against the decision of Tower Hamlets to remove so-called ‘Liveable Streets’. Saira Kabir Sheikh KC and Daisy Noble explain why.
November 29, 2024

Highway to Homes

Thomas Horner looks at the role of infrastructure in housing development.
April 24, 2024

The Public Service Obligations in Transport Regulations 2023

The Public Service Obligations in Transport Regulations 2023 (the “PSO Regulations”), which came into force on Christmas Day 2023, set out procurement and subsidy control obligations in the public transport sector for public bodies awarding PSO contracts. Clarice Harper-Smith highlights the key considerations.
November 24, 2023

Zebra 2 funding – subsidy control implications

The deadline for the Government’s Zero Emission Bus Regional Areas (ZEBRA) 2 scheme is approaching. Edward Reynolds, Sally Stone and Helen Feinson look at the key considerations for local transport authorities.
October 06, 2023

Penalty charge notices and unjust enrichment

Recently there has been renewed interest in Penalty Charge Notices (PCNs) issued by London boroughs in respect of bus lane contraventions, amongst other contraventions. A new line of attack is being deployed, and it is neither restricted to bus lane contraventions nor to just London boroughs, writes Adam Rulewski.
September 08, 2023

The ULEZ Decision

Craig Howell Williams KC and Merrow Golden analyse the High Court’s judgment in the dispute over the expansion of the Ultra Low Emission Zone (ULEZ) in London.
May 05, 2023

Breaking the chain of causation

The High Court has ruled, in a case involving a local authority, that there is no ‘special rule’ for negligent medical treatment. May Martin analyses the judgment.
March 17, 2023

Highways: only a touch of frost

In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.
March 03, 2023

Highway inspections: when once is enough

In the third short article in his series focusing on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors, Jack Harding’s focus moves from section 41 to the statutory defence in Section 58.
February 17, 2023

On the “bridge to nowhere”

A parish council has succeeded in the Court of Appeal over a “bridge to nowhere”. Paul Brown KC and Leon Glenister explain the wider significance of the ruling.
February 17, 2023

Highways: expecting the unexpected

In the second in a series of articles, Jack Harding focuses on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors.
February 10, 2023

Highways: the ‘rule of thumb’

In the first in a series of articles Jack Harding delves into some of the lesser-known authorities relating to the Highway Authority’s duty to maintain the highway under the Highways Act 1980.