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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

News

Must read

LGL Red line

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

LGL Red line

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

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.

More features

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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.

Local Government Lawyer Directory

Green & Burton ASB Associates

If you have any questions, please get in contact with us.

Green & Burton ASB Associates is a specialist consultancy dedicated to improving responses to anti-social behaviour (ASB) and community safety across housing, policing, local authority, and wider public sector services.

 

Led by experienced practitioners Janine Green and Darren Burton, we work with organisations nationally to support effective, lawful, and person-centred ASB management through training, consultancy, and strategic support.

 

We understand the complex pressures facing professionals in housing, social care, enforcement, and safeguarding roles. Our services are grounded in frontline experience and tailored to reflect the unique operational and legal landscape of our clients.

 

Our work includes:

  • Accredited and bespoke training programmes for officers, teams, and leadership
  • Case file audits and service reviews to ensure compliance and continuous improvement
  • Policy development and legal risk management
  • Specialist advice on high-risk or complex ASB cases
  • Conference and speaking engagements to promote sector-wide learning

 

We’re proud to champion trauma-informed practice, legal clarity, and partnership-led solutions – and to be a trusted partner for housing associations, local authorities, police forces, and national bodies seeking to enhance outcomes for residents and communities.

 

The Associate Team

 

Our core training is delivered by Janine, Darren, and a small trusted team of associate practitioners - all with extensive experience in managing and supervising ASB work.

 

When you book with us, we take time to understand your organisational needs and match you with the most appropriate trainer to deliver the most value.

 

Every course reflects current legal frameworks, regulatory expectations, and best practice, and can be tailored to your policies and local arrangements.

 

Join Us at #ASB11 – The National Conference for Anti-Social Behaviour Professionals

 

Green & Burton ASB Associates are proud to host the #ASB11 Conference – our flagship annual event bringing together professionals from across housing, community safety, enforcement, and legal services for a day of practical learning, legal insight, and cross-sector collaboration.

 

Now in its second year, #ASB11 continues to grow in reach and impact – offering a focused, practitioner-led space to explore the latest developments in ASB policy, case law, and frontline service delivery. The agenda features expert speakers, real-life case studies, and discussions on the most pressing and complex challenges facing the sector – from trauma-informed approaches and neurodiversity, to policy reform and enforcement strategies.

 

We are grateful to our 2025 sponsors – Clarke Willmott, React App, Remington Hall, LBL Skills, and The Social Housing Round Table – whose support helps us to make the event accessible, affordable, and packed with value.

 

Whether you’re a service lead, officer, solicitor, or decision-maker working in or alongside local government, #ASB11 offers insight, inspiration, and practical tools to take back to your team.

 

Find out more and secure your place:

 

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