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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

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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.
Families refusing access to support

Features

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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

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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

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.

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Unlocking legal talent

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

Webinars

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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.

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.

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.

Low traffic neighbourhoods

Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.

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.

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.

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

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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

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

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.
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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

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 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

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

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

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

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 13, 2025

Unlocking legal talent

Jonathan Bourne sets out why in-house council teams and law firms should embrace apprenticeships.
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.