
Council liability in cases of personal injury suffered on public highways
Thom Lumley and Catherine Zakarias-Welch analyse another significant ruling on liability for injuries sustained on public highways, in which the court reinforced the considerable evidentiary responsibility resting with claimants.
June 11, 2025
Council liability in cases of personal injury suffered on public highways

Nine out of 10 "high-risk" toxic sites have not been tested by councils, BBC investigation finds
Thousands of potentially toxic sites that councils have identified as “high risk” have not been tested due to a lack of funds, a BBC investigation has revealed.
March 14, 2025
Nine out of 10 "high-risk" toxic sites have not been tested by councils, BBC investigation finds
News
David Kerfoot obituary
Jun 09, 2025
County council hit with £6m fine over busway deaths
Apr 17, 2025
Must read

Families refusing access to support
Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.
Features


The statutory duty under s.41 Highways Act 1980
Carol Cheng makes some observations on two different public liability cases alleging breach of statutory duty under s.41 Highways Act 1980 (Duty to maintain highways maintainable at public expense) which gave rise to different outcomes.
June 06, 2025
The statutory duty under s.41 Highways Act 1980

Traffic management orders and low traffic neighbourhoods
A High Court judge recently considered a challenge to experimental traffic orders establishing a low traffic neighbourhood in London. Charles Streeten examines the ruling.
May 14, 2025
Traffic management orders and low traffic neighbourhoods

Time limits and CIL
Christopher Cant looks at the lessons to be learned from a recent judicial review challenge over a council’s decision to issue and serve a CIL (Community Infrastructure Levy) stop notice.
May 02, 2025
Time limits and CIL

Cross-examination in judicial review
The High Court has rejected a parish council’s claim of legitimate expectation in a dispute over whether a district’s leader made a binding promise in a local meeting about the route of a ‘greenway’. Charles Streeten and Michael Feeney analyse the ruling.
Apr 22, 2025
Cross-examination in judicial review

Take it to the bridge
The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.
Apr 04, 2025
Take it to the bridge
Features


July 03, 2025
IPA guidance 2025: Managing PFI distress and preparing for expiry
Aanya Gujral and David Owens dive into the recent guidance published on managing the risks associated with Private Finance Initiative (“PFI”) projects.

Jul 03, 2025
What might the public inquiry on child sexual exploitation look like
With the recent announcement that there will now be a national public inquiry into child sexual exploitation (CSE) Stephanie McGarry and Sarah Erwin-Jones look at what this means for those likely to be become involved and what Baroness Casey had to say in her recently published review into CSE.

Jul 03, 2025
Data (Use and Access) Act – Updating Data Protection Law and more
On the 19th June 2025, the Data Use and Access Bill (“DUA Bill”) received Royal Assent to become the Data Use and Access Act 2025 (“DUA Act”).

Jul 03, 2025
High Court Dismisses Challenge to New Super Prison
The High Court has refused permission to challenge the Secretary of State's decision to grant planning permission for so called 'super prison' on Green Belt land near HMP Garth and HMP Wymott in Lancashire.

Jul 03, 2025
AI, copyright and LLMs
What are the copyright and confidentiality issues arising from use of public and private Large Language Models (LLMs)? Justin Harrington explains.

Jul 03, 2025
Automatic suspensions and the public interest
Tim Care provides a summary of the recent case of Unipart Group Ltd v Supply Chain Coordination Ltd [2025], and assesses its impact upon the application of the Public Contract Regulations 2015 (PCR 2015).

Jul 03, 2025
FOI and communication
The Upper Tribunal recently considered the meaning of ‘reasonably practicable’ in s11 of the Freedom of Information Act. Jonathan Dixey analyses the ruling.
Webinars
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.
SPONSORED

Unlocking legal talent
Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

How hair strand testing should be instructed for family court proceedings
For years, FTS, a drug, alcohol and DNA lab in Yorkshire, has been advocating for an end to the use of Society of Hair Testing (SoHT) cut-off levels in the family courts, writes Paul Hackett (Sponsored Editorial)
Webinars

Property Nuts and Bolts – Part 4 – Boundary disputes - Landmark Chambers
This event is part of Landmark Chamber's popular Property Law Nuts & Bolt webinar series.
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Traffic Regulation Orders
Jessica Bannon discusses the intricacies of traffic regulation orders.
Zebra 2 funding – subsidy control implications
The deadline for the Government’s Zero Emission Bus Regional Areas (ZEBRA) 2 scheme is approaching. Edward Reynolds, Sally Stone and Helen Feinson look at the key considerations for local transport authorities.
Penalty charge notices and unjust enrichment
Recently there has been renewed interest in Penalty Charge Notices (PCNs) issued by London boroughs in respect of bus lane contraventions, amongst other contraventions. A new line of attack is being deployed, and it is neither restricted to bus lane contraventions nor to just London boroughs, writes Adam Rulewski.
The ULEZ Decision
Craig Howell Williams KC and Merrow Golden analyse the High Court’s judgment in the dispute over the expansion of the Ultra Low Emission Zone (ULEZ) in London.
Highways: only a touch of frost
In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.
Highway inspections: when once is enough
In the third short article in his series focusing on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors, Jack Harding’s focus moves from section 41 to the statutory defence in Section 58.
Highways: expecting the unexpected
In the second in a series of articles, Jack Harding focuses on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors.
Highways: the ‘rule of thumb’
In the first in a series of articles Jack Harding delves into some of the lesser-known authorities relating to the Highway Authority’s duty to maintain the highway under the Highways Act 1980.
Carbon challenge to Bristol Airport scrambled
Mustafa Latif-Aramesh reports on the failed carbon-based challenge to the Bristol Airport expansion proposals.
Low traffic neighbourhoods: objections and consultation
The London Borough of Enfield recently defended a wide-ranging High Court challenge to its decision to create a permanent “low traffic neighbourhood” in its area. Clive Sheldon KC and Zac Sammour analyse the judgment.
E-scooters and policing
Emelia Bezant-Gahan considers the increasing prevalence of E-scooters and their potential impacts on policing.
HS2 detail approvals schemes
The High Court has rejected a council’s legal challenge to an HS2 detail approvals scheme. Matthew Dale-Harris explains why.
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.
What’s in a name? Changing street names
Richard Harwood QC looks at the thorny issues that arise when it comes to renaming streets.
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.
Local authorities and EV charging
Will councils be forced to install EV charging? Neil Kates reports.
Low traffic neighbourhoods
Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.
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.
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.
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.
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.
Defects on the highway
A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.
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.
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.
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.
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.
Challenging the Streetspace Plan
The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
Inspecting the “soft estate"
A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.
Highways, snow and ice
Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality.
Highways Q&A Session
In this webinar, Elizabeth Bower, Nigel McCloy and Ridwaan Omar consider the challenges that local authorities have faced when inspecting and repairing highways during the COVID-19 crisis as well as future challenges in defending claims as a result of the pandemic.
More Features


July 03, 2025
Too much?
In the fourth and final article on a Court of Appeal judgment that involved an exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at the Court of Appeal view on whether a local authority accidentally accommodated the claimant.

Jul 01, 2025
Deploying ‘ADR’ in Planning & Compensation contexts
John Pugh-Smith looks at how these aspects of alternative dispute resolution (ADR) can now be made to work and at different stages of a dispute. Put another way, the “A” in ADR is not just “alternative” but also “adaptable”, “agile” and “accessible”.

Jun 27, 2025
Removal from the village green register
The High Court recently ordered the deletion of school playing fields from the village green register. Ashley Bowes explains why.

Jun 27, 2025
The attendance of experts in family proceedings
Rosie Muncer looks at the lessons to be learned from how a High Court judge considered a case management application for the single joint experts in care proceedings to attend to give oral evidence.

Jun 27, 2025
Local authority enforcement powers and domestic beekeeping
Dan Jacklin provides a detailed analysis of the enforcement powers available to local authorities in relation to domestic beekeeping.

Jun 27, 2025
Too little? When intervention is not required
In the third article on a recent Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at how the local authority responded.

Jun 27, 2025
Closures of educational sites
The Court of Appeal recently refused permission to appeal in judicial review proceedings concerning the decision to close part of a school site. Leon Glenister and Edward-Arash Abedian look at the reasons why.


June 25, 2025
Public law case update Q1 2025
Kieran Laird and Sophie O’Mahoney offer a straightforward and concise overview of six public law and regulation cases from the first quarter of 2025 which highlight important points of principle and procedure.

Jun 25, 2025
The scope and purpose of s166 DPA: a procedural and not a merits route of challenge
The Upper Tribunal has provided important clarification on s166 of the Data Protection Act and orders requiring the Information Commissioner to progress complaints, writes Francesca Whitelaw KC.

Jun 25, 2025
Local government reorganisation: the impact on procurement and contracts
Craig Athorn and Stephen Dorrian look at the opportunities and challenges for public procurement and commercial contracts presented by local government reorganisation.

Jun 25, 2025
Recording and publishing officer decisions
Geoff Wild considers the much-misunderstood law governing the recording and publishing of officer decisions.

Jun 25, 2025
AI solutions: the contractual issues
What are the key contractual issues that public sector organisations should prepare for when implementing an AI solution? Justin Harrington explains.

Jun 25, 2025
How do you deal with conflicts of belief in schools and colleges?
To what extent can you lawfully restrict how your staff manifest their protected beliefs? Jo Moseley considers what schools and colleges can learn from a recent case where a tribunal had to determine whether a teacher, who objected to the school's decision to socially transition an eight-year-old pupil, had been unfairly dismissed and subjected to direct discrimination because of her beliefs.

Jun 24, 2025
Modifying subsidies: What is permitted and what is not?
Beatrice Wood and Oliver Slater explore recent developments and discuss the process of awarding subsidies.

Jun 24, 2025
Getting new PPP right: Smarter tools for smarter infrastructure
Nicola Sumner, Steve Gummer and Roseanne Serrelli discuss the 'dos and don'ts' of Public-private Partnerships in their new form.

Jun 20, 2025
Negotiating s106 agreements
Why does negotiating section 106 agreements have to be such a drag? Simon Ricketts looks at the key issues.

Jun 20, 2025
Heat network zoning coordination
Carrie Davies sets out some early-stage considerations for local authorities when it comes to heat network zoning coordination.

Jun 20, 2025
Mediating PFIs
Mediation is a potentially underused tool for unlocking contract disputes arising out of PFI, write Emma Beynon and Andrew Lancaster.

Jun 20, 2025
Generative AI and data protection
Justin Harrington sets out what UK public sector organisations need to know when it comes to generative AI and data protection.

Jun 19, 2025
Zones/RABs and heat networks: The path to an investible infrastructure asset class?
The UK’s new heat network zoning framework (the outlines for which were drawn by the Energy Act 2023) is set to redefine how low‑carbon heating is delivered by creating geographic zones, where district heat networks are the mandated, optimal solution.

Jun 19, 2025
The final say
The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).

Jun 18, 2025
The seven questions to address in a welfare analysis
A recent Court of Appeal decision highlights the importance of analysing all the factors in the welfare checklist when considering a care and placement order instead of an overreliance on the ‘risk of harm’ factor, and sets out a 7-step approach to this analysis. Victoria Holland examines the ruling.

Jun 18, 2025
Too late
In the second article of a series on challenges to decisions about care for young people brought after the event, Catherine Rowlands looks at how the Court of Appeal dealt with the issue of whether a claim was brought out of time.

Jun 18, 2025
VAT on school fees and its impact on the SEND system: an emerging pressure point
Lauren Fullerton and Arran Dowling-Hussey look at the impact of the Government’s imposition of VAT on school fees has had on the SEND system.

Jun 18, 2025
Expert fees in public law children cases
When the expert exceeds Legal Aid Agency rates, what is the Court to do? Eleanor Hull analyses an important recent ruling from the President of the Family Division.

Jun 18, 2025
Producing robust capacity assessments and the approaches to assessing capacity
Lynette Wallace looks at the lessons from a recent Court of Protection ruling on capacity.

Jun 18, 2025
One teacher, two jobs
Alexandra Addington looks at a recent disciplinary hearing concerning a teacher who phoned in sick to work at a different school, and considers what steps schools and colleges can take if they suspect a staff member of moonlighting.

Jun 18, 2025
The 26-week timeframe and care proceedings with an international element
Gary Fawcett examines a recent Court of Appeal ruling on the 26-week statutory time limit in care proceedings with an international element.

Jun 18, 2025
Too little? Or too late?
In the first in a series of articles, Catherine Rowlands examines a Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event.

Jun 17, 2025
Partial debt guarantees- Reviving Investment in UK Water Infrastructure
Is it Time for a Public Sector Major Infrastructure Debt Guarantor?

Jun 13, 2025
Unlocking legal talent
Jonathan Bourne sets out why in-house council teams and law firms should embrace apprenticeships.

Jun 13, 2025
Re A compliance in care proceedings
Emily Henshaw looks at what Re A compliance means and why it matters.

Jun 12, 2025
AI in the UK public sector
In the first in a series of articles on the adoption of AI by the public sector, Justin Harrington sets out some use cases and provides a regulatory overview.

Jun 11, 2025
Planning reform to accelerate housing delivery - at what cost?
Chrisa Tsompani examines how the Government’s sweeping planning reforms could reshape every layer of the building sector – from local authorities to small-medium builders, and considers the critical implications for environmental policies.
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