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25 November 2010
Issue: 7443 / Categories: Case law , Law digest
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Highways

Ali v City of Bradford Metropolitan District Council [2010] EWCA Civ 1282, [2010] All ER (D) 193 (Nov)

Section 130 of the Highways Act 1980 was concerned with the protection of the legal rights of the public at large. The rights in question were the rights of the general public to use the public highway. The section related to legal rights of access, not the safety of the highway. It placed no express obligation on the highway authority to remove obstructions, and there was no justification for the implication of such an obligation, especially since express provision was made about the duty of a highway authority to remove obstructions in s 150.

Section 263(1) provided for the vesting of public highways in the highway authority, but the legal interest thereby created was an unusual and limited one. A highway authority was not an occupier of the highway and did not owe to highway users a common law duty of care. Sections 149 and 150 regulated the powers and duties of highway authorities with respect to the removal of highway obstructions and established a method of enforcement of the duty.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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