header-logo header-logo

25 November 2010
Issue: 7443 / Categories: Case law , Law digest
printer mail-detail

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll