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26 February 2010
Issue: 7406 / Categories: Case law , Law digest
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Highways

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Herrick and another v Kidner and another [2010] EWHC 269 (Admin), [2010] All ER (D) 186 (Feb)

The construction to be placed on ss 130A-130D of the Highways Act 1980 was that they were designed to enable members of the public to compel highway authorities to protect and assert the rights of the public to go wherever they chose on a footpath so long as it was reasonable, usual and appropriate.

Any obstruction which significantly interfered with their ability to exercise their right to pass and repass and to enjoy amenity rights over each and every part of the footpath was caught by s 130B(4)(c). The public were not to be confined to a particular part or parts of a footpath.

 

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