Thurrock Council & Another v Adams & Ors [2022] EWHC 1324 (QB)

William Rose, Partner at Sharpe Pritchard LLP, has successfully acted for Thurrock Council and Essex County Council in obtaining a ‘first of its kind’ injunction against individuals connected with the protest group Just Stop Oil. Read more

  NEWS

Jun 06, 2022

Councils secure continuation of injunction over fuel terminal protests until May 2023

Essex County Council and Thurrock Council have secured an extension to May 2023 of an injunction which prevents protestors from blocking roads and vehicles at key fuel terminals and filling stations in the area.
May 30, 2022

Council defeats bid to enforce decision of adjudicator in highways contract dispute

Liverpool City Council has succeeded in the High Court in having an adjudicator’s decision in a dispute on a highways contract declared unenforceable over a question of natural justice.
May 26, 2022

High Court rejects judicial review challenge to grant of planning permission for Southampton runway expansion

The High Court has rejected a claim against Eastleigh Borough Council over its decision to grant planning permission for a runway extension at Southampton Airport.
May 16, 2022

Government to make it easier to levy penalties on companies responsible for leaving potholes

Local authorities will be able to scrutinise poorly performing road work companies more often as part of a new performance-based inspections regime aimed at preventing poor quality road works.
May 13, 2022

Campaigners secure permission for legal challenge over expansion of Bristol Airport

Opponents of the expansion of Bristol Airport have won permission for a High Court planning statutory review hearing to challenge the Government’s decision to allow its development.
May 11, 2022

Borough council eyes being among first outside London to apply for new moving traffic offence powers

Reading Borough Council is set to be one of the first councils outside of London to apply for moving traffic offence enforcement powers, following new regulations released by the Government.
Apr 29, 2022

County council defends High Court claim brought after driver killed by falling tree

Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.
Apr 25, 2022

Council secures “innovative” injunction to prevent fuel protests

Thurrock Council has secured an injunction which prevents protestors blocking roads or impeding vehicles at key fuel terminals in the borough.
Apr 14, 2022

Councils and road authorities paid £12m+ in compensation over potholes between 2018 and 2021, research claims

Councils and road authorities across Britain paid out more than £12m in compensation to motorists between 2018 and 2021 for damage caused by poor road surfaces and potholes, it has been claimed.
Apr 12, 2022

Government consultation to address “nationally inconsistent and unclear” procedures for changing street names

The Government has launched a technical consultation setting out plans to ensure councils in England secure approval for street name changes from local residents in the street in question before they go ahead with them.
Apr 08, 2022

South Yorkshire public bodies to appoint single provider to £500k legal services contract

The South Yorkshire Passenger Transport Executive and the South Yorkshire Mayoral Combined Authority are to appoint a single legal advisor to a contract worth £500,000 over four years.
Apr 06, 2022

Court of Appeal rejects public sector equality duty challenge to introduction of low traffic neighbourhoods by London council

The London Borough of Lambeth lawfully discharged the public sector equality duty when it made three experimental traffic orders (ETOs) for low traffic neighbourhoods, the Court of Appeal has ruled.

  FEATURES AND ANALYSIS

June 17, 2022

Call-In: Article 31 Directions

Article 31 Directions are likely to be more common, writes Simon Ricketts.
May 31, 2022

Granting planning permission for airport runway extensions

Eastleigh Borough Council has successfully defended its grant of planning permission for an extension to the runway at Southampton Airport. Barristers at 39 Essex Chambers explain how.
May 06, 2022

The role of local government and the UK EV Infrastructure Strategy

Jasmine Shokar considers the part local authorities will play in delivering the Government's UK Electric Vehicle Infrastructure Strategy.
April 14, 2022

What’s in a name? Changing street names

Richard Harwood QC looks at the thorny issues that arise when it comes to renaming streets.
February 11, 2022

CIL mysteries – simple truths

Roy Pinnock looks at the lessons to be learned from two recent cases on the Community Infrastructure Levy.
February 04, 2022

Duties of care, highways authorities and occupiers of land adjoining the highway

The Court of Appeal recently considered whether claims under the Occupiers' Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.
January 27, 2022

Local Authority Insight Series: Making Highways Fit for the Future

Join Ruth Stockley, barrister at Kings Chambers, and Chris Burgess of Norfolk County Council for an in-depth discussion that addresses the legal issues and obstacles involved with adapting highways for a low carbon future and the legal tools available to local authorities.
January 14, 2022

Carriageways, footways and standards of maintenance

Shaun O'Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.
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  NEWS

Mar 11, 2022

Mayor of Greater Manchester defeats High Court challenge over bus franchising and impact of pandemic

Two bus operators have lost a High Court challenge to the decision by Andy Burnham, elected mayor of Greater Manchester, to proceed with bus franchising.
Mar 08, 2022

Claimants with High Court battle with council over whether road was “road to which the public have access”

A High Court judge has ruled against Isle of Wight Council in a dispute over a whether a road was a "road to which the public has access".
Feb 01, 2022

County council concedes it unlawfully removed cycle lane, agrees to pay defendant £25,000 in costs 

West Sussex County Council has conceded that it unlawfully removed a cycle lane because it failed to take into acount relevant statutory guidance.
Jan 25, 2022

Residents secure permission for judicial review challenge over distributor road for 4,000-home development

The High Court has given permission for a residents' group's judicial review challenge which claims that Wiltshire Council "did not consult appropriately" before deciding to pursue a major infrastructure project.
Jan 19, 2022

Claim that council negligently designed road which saw fatal crash was wrongly struck out, Court of Appeal finds

A legal challenge by a widower against Cornwall Council that contended the road that his wife had a car accident on was negligently designed has been allowed to progress, following a decision by the Court of Appeal.
Jan 13, 2022

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments

Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.
Jan 10, 2022

Supreme Court to hear case on planning conditions and dedication of highways

The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.
Dec 29, 2021

Council fined £300k after dog walker hit by tree on public footpath

A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.
Dec 22, 2021

High Court Master refuses to allow council to resile from admissions made in pavement fall case

The London Borough of Barnet should not be allowed to resile from admissions it made about the state of a pavement on which a resident was seriously hurt in a fall, Master Stevens has ruled in the High Court.
Dec 16, 2021

City council bids to retain £50m annual grant for highways PFI

Birmingham City Council is to try to persuade the Department for Transport (DfT) to keep alive a £50.31m annual grant linked to a controversial highways private finance initiative (PFI) contract.
Dec 14, 2021

High Court agrees to hear judicial review challenge over permission for Southampton airport runway expansion

The High Court has given campaign group GOESA permission to bring a judicial review challenge over Eastleigh Borough Council's grant of planning permission for an extension to the runway at Southampton Airport.
Dec 07, 2021

High Court rejects challenge to experimental traffic orders introduced by London borough

Hackney Council has successfully defended a legal challenge in the High Court to the validity of two experimental traffic orders (ETOs) it made.
Dec 06, 2021

Council loses High Court battle over whether private way was a "road" under Road Traffic Regulation Act

Isle of Wight Council's decision that a privately owned way in Ryde was not a "road" for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.
Nov 22, 2021

High Court refuses judicial review bid over Environment Agency consent for HS2 tunnel construction

A renewed application for a judicial review of the Environment Agency's decision to grant consent for the construction of a twin tunnel beneath an aquifer as part of works for HS2 has been refused permission by the High Court.
Nov 18, 2021

Council breached procedural legitimate expectation of residents when revoking traffic order, but judge declines to quash decision

A council breached a procedural legitimate expectation when it decided to re-open a road under a narrow bridge that had been shut to vehicle access under an experimental traffic order (ETO), a High Court judge has found.
Nov 16, 2021

Campaigners threaten legal action over approval of plans for distributor road

A campaign group that claims Wiltshire Council is “ignoring the concerns of citizens” over plans to build a distributor road through local countryside has applied for permission for judicial review.
Nov 15, 2021

Council launches judicial review bid over routeing of lorries to HS2 construction sites

Buckinghamshire Council has issued judicial review proceedings against decisions made by the Planning Inspector relating to lorry routes through the county used in the construction of HS2.
Nov 03, 2021

Parks trust and local authority defeat High Court personal injury claim over shop forecourt fall

A parks trust and a council have successfully defended a High Court personal injury claim brought by a claimant who fell when walking across a shop forecourt to her car.
Nov 03, 2021

Law firm secures three-year deal to advise combined authority and Merseytravel on rail matters

The Liverpool City Region Combined Authority and Merseytravel have appointed law firm Addleshaw Goddard to act as their principal external legal advisors in relation to rail matters for a period of three years.
Nov 01, 2021

Campaigners renew bid for judicial review of Southampton Airport runway extension

A group that last month failed to win permission for a judicial review challenge over the authorisation of a runway expansion at Southampton Airport has renewed its application.
Oct 28, 2021

High Court to hold oral hearing of bid for judicial review over Environment Agency consent for HS2 tunnel in Chilterns

The High Court is today (28 October) holding an oral hearing of an application by campaigners for permission to bring a judicial review challenge of the consent given by the Environment Agency for a twin bore tunnel to be constructed under part of the Chilterns Area of Outstanding National Beauty (AONB) as part of works for the HS2 project.
Oct 20, 2021

High Court dismisses applications for judicial review challenge over grant of permission for airport expansion

The High Court has rejected two applications from organisations seeking permission to bring a judicial review challenge over Eastleigh Borough Council’s decision to approve a runway expansion at Southampton International Airport.
Oct 19, 2021

Water company fined £100,000 for unsafe street work practices

Thames Water has been fined £100,000 after being prosecuted by Transport for London for four safety street works related offences committed on the TfL Road Network.
Oct 18, 2021

London borough fails in Court of Appeal bid to challenge routeing of lorries to HS2 construction sites

The Court of Appeal has refused Hillingdon Council permission to appeal in a dispute about the arrangements for the routeing of lorries to and from HS2 construction sites in the borough.
Oct 14, 2021

Commissioner warns council not to rely on police for enforcement of proposed 20mph speed limits

A plan to implement 20mph speed limits throughout Cornwall should not rely on police enforcement, the region's Police Crime Commissioner has said.
Oct 05, 2021

Government to introduce series of measures in bid to clamp down on disruption of infrastructure including motorways

The Government is to introduce a new offence of interfering with the operation of key infrastructure – including motorways, railways, and airports – where the impact will affect the distribution of essential goods, such as fuel and medicine.
Sep 22, 2021

Department for Transport rules out appeal over Stonehenge Tunnel judgment

Transport Secretary Grant Shapps has accepted that he must redetermine the Stonehenge road tunnel project after his High Court defeat last month.
Sep 22, 2021

Cycling charity secures permission from Court of Appeal for judicial review challenge over removal of bike lanes, after earlier High Court refusal

The Court of Appeal has given the go-ahead for a judicial review of West Sussex County Council's decision to remove a cycle lane installed during the pandemic.

  MORE FEATURES

December 09, 2021

The Electric Vehicle Revolution or…

Emily Knowles discusses new legislation on the requirement of electric vehicle charging points, and its potential impact on the Electric Vehicle Revolution.
November 05, 2021

Electric vehicle charging infrastructure: future proof procurement

Nadeem Arshad and Kyle Duggan set out how contracting authorities can use their procurement strategies to boost the move to electric vehicles.
November 03, 2021

Registered providers and CIL

Wealden Council has won a landmark Community Infrastructure Levy (CIL) case against Stonewater that has potential far reaching implications for housing delivery, writes Ben Halsey.
October 29, 2021

Local authorities and EV charging

Will councils be forced to install EV charging? Neil Kates reports.
October 08, 2021

Low traffic neighbourhoods

Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.
September 24, 2021

Procurement and the UK Hydrogen Strategy

Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.
September 03, 2021

Electric vehicles and landowners – it’s time to get plugged in!

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.
August 20, 2021

Road investment and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 20, 2021

The Road Infrastructure Strategy and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 13, 2021

The Stonehenge Tunnel case: heritage impacts and consideration of alternatives

A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.
July 30, 2021

Japanese knotweed and private nuisance

Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. Here he considers how the related legislation impacts landowners and practical steps you may like to consider.
July 09, 2021

Defects on the highway

A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.
July 02, 2021

Managing new enforcement powers for councils under the Traffic Management Act 2004

Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.
July 02, 2021

E-scooters in the UK public transport mix

Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.
June 09, 2021

The Transport and Works Act

Neil Cameron QC, Matthew Henderson, Lorrae Hendry and Kevin Gibbs consider the relevance of the Transport and Works Act (TWA) in an era where development consent orders are often the preferred option for promoting major infrastructure projects.
June 02, 2021

Introduction to Highways Works; Public Rights of Way and Village Greens for Planners

Katherine Barnes and Celina Colquhoun provide a “back to basics” session on highways works, public rights of way and village greens directed at planners.
March 26, 2021

Diverting a footpath under section 119 of the Highways Act 1980

The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling.
March 19, 2021

Compulsory acquisition, Green Belt policies and undefined boundaries

The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.
March 05, 2021

When fixation becomes legal irrationality

John Pugh-Smith examines two recent judicial review challenges where judges have upheld a ground of 'irrationality'.
February 15, 2021

Rights of Way: An introduction to Private and Public Rights of Way

Lynsey Ellard and Carol Ramsden provide an overview of the differences between private and public rights of way; the characteristics of private and public rights of way; how they are created and how creation may be controlled and how private rights of way may be protected.
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