Highways
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R (on the application of Hughes and others) v Commissioner for Local Administration
Local administration – Council failing to require developer of housing estate to provide security to cover provision of private access road – Council failing to issue exemption certificate – Ombudsman…
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R v Secretary of State for Transport, ex parte Owen and another (No 2)
Highways — Discretionary power to acquire blighted property in section 246(2A) of Highways Act 1980 — Whether Secretary of State entitled to rely on owner’s foreknowledge of road proposal
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Overseas Investment Services Ltd v Simcobuild Construction Ltd and another
Highways — Land registration — Whether rights created by an agreement under section 38 of the Highways Act 1980 were ‘public rights’ within meaning of section 70(1)(a) of the Land…
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Atfield v Ipswich Borough Council
Obstruction of highway–Intention to protect property, shop-customers, etc, does not justify shop-owner in placing bollard in footway–Lawful excuse in case of temporary obstruction cannot be extended to facts where obstruction…
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R v Secretary of State for Transport, ex parte Owen and another
Highways — Discretionary power to acquire blighted property in section 246(2A) of the Highways Act 1980 — Whether serious effect on enjoyment of property includes diminution in value as ground…
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Burton and others v Secretary of State for Transport
Highways Act 1980, section 10(2) and Schedule 2, paras 2-4 — Appeal to Court of Appeal from decision of deputy High Court judge dismissing application by landowners to quash orders…
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Perry and another v Stanborough (Developments) Ltd and others
Access to highway–Purchase of property without rights of access to highway over intervening land–Assumption that access would be obtained as a result of an agreement between the owner of the…
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Waters v Secretary of State for the Environment
Highways–Dual-lane road to be constructed to relieve section of A38 near Plymouth used primarily for local traffic–Secretary of State has power to build such a road and is not limited…
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Russell and another v London Borough of Barnet
Action by leaseholders of house in Hampstead Garden Suburb against highway authority, claiming damages in nuisance and negligence for damage caused by roots of oak trees encroaching from under pavement…
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R v Surrey County Council, ex parte Send Parish Council
Highways Act 1959–Dispute between parish council and county council–Application by parish council for order of mandamus to compel the county council to take action under section 116 to prevent the…
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Hall v H B Howlett & Partners Ltd and others
Obstruction of footpath–Whether lane a public highway–Statements in conveyances of property bounded on one side by lane held not to be conclusive–Points on rights-of-way granted or not granted in conveyance…
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Rees v Morgan
Cow strays from common on to adjoining highway, wanders down road to a point 300 yards away from common–Cow’s owner liable under section 135, Highways Act 1959 despite the proviso…