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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

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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

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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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

Simply Social Work

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

About Us

The Simply Social Work Story

The Simply Social Work journey began in 2021, but its roots go back much further. Our first Social Workers, Gary Crisp and Neil Courtney, have practiced as Independent Social Workers for over a decade. Prior to this, they both worked in Local Authority adult and children's services. Throughout their careers, they have honed their skills and developed expertise in various practice areas. Gary has a passion for working with children and young people with Special Educational Needs (SEN), mental capacity, care assessments and reviews and Court of Protection matters. Neil, on the other hand, excels in adult care assessments, mental capacity, Deprivation of Liberty, alcohol misuse and Court of Protection matters.

Their shared commitment to providing high-quality expert reports is what drives them today. In 2021, they decided to combine their passion and experience to create Simply Social Work, a company they are truly proud of.

The Simply Social Work Team is so much more that just Gary and Neil now. They lead a team of exceptional Senior Social Workers and Associate Social Workers, all supported by our fantastic Business Support Team. This enables us to provide fixed-fee Social Work services across England and Wales. We are committed to providing our services at affordable prices, that is why we do not charge travel expenses. We are transparent about our fees, and they can be found on [Our Fees] (/our-fees) page. The price you see is the price you pay regardless of where in England or Wales you are.

"We do what we do well, and do not do what we cannot do well"

This philosophy is at the heart of everything we do. We focus on our areas of expertise, including Education, Health and Care Plan (EHCP) Tribunal appeals, Court of Protection matters, mental capacity and best interests matters (Expert Witness), mental health, immigration, and community care (care assessments and reviews for adults and children). Whilst we don't cover every discipline in Social Work practice, we ensure that we excel in the areas we do cover. For family law matters relating to children or reports for mental health Tribunals, we are happy to refer you to other excellent Independent Social Workers who specialize in those areas.

The Simply Social Work Team - Let's meet some of the team ...

Marlene Robinson - Senior Social Worker

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Neil Courtney - Director of adult, mental capacity and immigration services and 25+ Expert

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Lynsey Docherty - Senior Social Worker

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Julie Fox - Business Support Officer & Benefits Advisor

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Jo Garfield-Smith - Business Support Officer

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Emily Otvos - Associate Social Worker

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Louise Ryan - Associate Social Worker

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Esme Platt - Associate Social Worker

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Sarah Meekin

Senior Social Worker

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Gary Crisp - Director of SEND and children’s services and 0-25 Expert

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