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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.

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

Veritau

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

At Veritau, the public sector is at the heart of everything we do.

 

Veritau is a shared service with an established reputation for providing high quality and cost-effective services to over 600 public sector organisations. Our services are designed to work in harmony and provide a holistic approach to assurance.

 

We have a large team of professionally-trained experts with specialised knowledge in counter fraud, data protection, risk management, and internal audit.

 

How We Can Help

 

We recognise that all organisations are different, so our services can be tailored to meet your specific needs. Our approach is forward-looking and collaborative, and we view assurance as more than just a box-ticking exercise. We listen carefully to your requirements and concerns, review existing arrangements, and design the service accordingly. Our services include:

 

Internal audit
Internal audit is about the assessment of risks, reviewing controls, and identifying areas for improvement. Many of our auditors began their careers within local government, before Veritau was formed.

 

Our team has a wide range of experience delivering audits in many different service areas. We take an independent view of your key processes and provide advice and support to deliver improvements. As well as large authorities, we also work with children’s trusts, council owned companies and schools.

 
Counter fraud

 

Fraud prevention goes hand-in-hand with internal audit, focusing on risks holistically. Protecting the public purse is essential, particularly at a time when resources are under increased pressure.

 

Our counter fraud team are specialists in the prevention and investigation of fraud affecting councils. This work includes:

  • Internal fraud and whistleblowing
  • Adult social care fraud
  • Council tax fraud
  • Housing fraud
  • Third-party fraud
  • Parking and blue badge fraud
  • Business rates fraud
  • Schools’ admission fraud
  • Financial assistance scheme fraud

 

Information governance, including a Data Protection Officer (DPO) Service

 

Managing information well is essential to supporting service delivery. We support local authorities to protect personal data, implement effective governance frameworks, and manage information successfully.

 

Veritau acts as the data protection officer (DPO) for over 600 public sector clients, including councils, council owned companies and schools. Our information governance services can help you with information access requests (eg FOI and SARs), GDPR and data protection compliance, and information risk management.


Risk management

Do you understand the level of risk you are willing to tolerate to achieve your strategic objectives? Our qualified risk management professionals bring a wide range of experience in managing risks in a local government context.

 

From HR to housing, we can work with you to make risk-intelligent decisions, reduce risk exposure and achieve your objectives.

 

Whistleblowing

 

Whistleblowing policies and processes are essential components of any local authority’s governance arrangements.   Whistleblowing can help identify wrongdoing or serious problems. Staff who raise concerns are also protected by law, so it’s important that employers know how to comply with the legislation.

Concerns should be taken seriously, and public sector organisations should be aware of how to navigate a whistleblowing concern. Our team of experts have experience handling a range of complex and sensitive issues and can support you to get it right.

 

Local Government Reorganisation (LGR)

 

We understand that managing LGR while maintaining regular services can be challenging for local authorities. We have experience in supporting councils as they go through the LGR process, including developing new policies and processes, contributing to finance and IT related projects and offering training, guidance and advice.

 

Contact Veritau today

 

Contact us and speak to one of our team to find out more about our services and how we work with local authorities.

 

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