Transport and Highways

The section 58 defence in the Highways Act 1980

The Court of Appeal recently allowed a claimant’s appeal against a judge’s decision to reject his claim for liability against a county council in relation to a hole in a grass verge which caused him to fall off his bicycle. Martin Porter KC and Anastasia Karseras explain why.

July 11, 2025

The section 58 defence in the Highways Act 1980

News

Drivers to be refunded £485k in bus lane fines after admin error at London council

August 20, 2025

Local authority pursues recovery of boat removal costs under Pre-Action Debt protocol

August 18, 2025

High Court rejects challenge to traffic regulation orders affecting town centre

Aug 07, 2025

Permission granted for judicial review over Luton Airport expansion decision

Jul 30, 2025

Judge rejects legal challenge to traffic regulation order prohibiting private vehicle access across bridge in Cambridge

Jul 17, 2025

London borough facing judicial review threat over road crossing painted in colours of transgender pride flag

Jul 08, 2025

Judge allows employee of unsuccessful bidder to be part of confidentiality ring in legal challenge over award of e-bike concession contract

Jul 08, 2025

Court of Appeal allows liability claim against council over “dangerous” hole in grass verge

Jul 04, 2025

MPs call for new commissioner to help curb council legal disputes over street works

Jul 03, 2025

Judge criticises claim against council in private dispute

Jul 02, 2025

Pre-action protocol letter sent over plans for cycleway through nature reserve

Jul 01, 2025

Commuter who suffered serious injuries falling down gap between platform and Tube launches High Court claim against TfL

Jul 01, 2025

TfL to press ahead with pedicab regulation in London following consultation

Jun 26, 2025

Transport body appoints five law firms to professional services framework

Jun 17, 2025

Campaign group wins Court of Appeal challenge over £200m funding cut to Cycling and Walking Investment Strategy

Jun 11, 2025

David Kerfoot obituary

Jun 09, 2025

London borough proposes using Public Spaces Protection Order to tackle idling cars

Jun 05, 2025

Council secures fundamental dishonesty finding in highways tripping claim

Jun 04, 2025

Council concedes it acted unlawfully in temporarily diverting public footpaths

May 14, 2025

Claimants vow to appeal High Court dismissal in Oxford bridge dispute

May 13, 2025

High Court finds council consultation on low traffic neighbourhood scheme was flawed

May 09, 2025

Private road residents apply to Land Registry to block council access to building site

May 08, 2025

Council facing legal threat after biker dies on “degraded road surface”

May 08, 2025

County council loses High Court appeal over award of damages for boardwalk slip

May 01, 2025

Motorcyclist fails in High Court claim against London borough over accident involving manhole cover

May 01, 2025

Amendments to Planning and Infrastructure Bill to cut pre-consultation period for major infrastructure in half: Government

Apr 25, 2025

County council hit with £6m fine over busway deaths

Apr 17, 2025

Planning Court judge rejects claim by parish council that leader of district gave binding promise on routing of ‘greenway’

Apr 17, 2025

Court of Appeal to hear appeal over decision by mayor to remove low traffic neighbourhoods

Apr 16, 2025

Council to review guidance on assessment of Blue Badge applications after Ombudsman investigation finds flaws

Apr 10, 2025

Motorcyclist fails in High Court appeal over dismissal of claim against London borough

Apr 10, 2025

Clean air neighbourhood polling breached industry rules, market research body says

Apr 03, 2025

Oxford City Council defeats High Court challenge over planning consent for Oxpens bridge

Mar 13, 2025

Geldards advises Nottingham City Council on £12.6m contract for construction of bridge across River Trent

Mar 13, 2025

High Court dismisses cycle lane judicial review on all grounds

Mar 07, 2025

Judicial review threat halts city council plan to fell street trees

Mar 05, 2025

Street racing injunction to be reviewed by High Court

Feb 20, 2025

Plans for £200m busway set to go to public inquiry after campaigners raise objections

Jan 06, 2025

High Court rejects legal challenge over plan by mayor to remove low traffic neighbourhoods

Dec 19, 2024

Bus Services Bill to remove ban on councils setting up own bus companies

Dec 17, 2024

Competition watchdog writes open letter to councils on street furniture contracts and exclusivity clauses

Dec 03, 2024

High Court judge dismisses appeal over rejection of cycling accident claim against council

Nov 14, 2024

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.

Families refusing access to support

Features

June 11, 2025

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.

Jun 06, 2025

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.

May 14, 2025

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 02, 2025

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.

Apr 22, 2025

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 04, 2025

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.

Mar 07, 2025

Empowering local authorities: An overview of the Bus Services Bill

The Bus Services Bill empowers local authorities to choose the best bus operating model for their area, streamline franchising, and improve accessibility and safety. Chris Simms looks at key elements of the legislation.

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.