Jail for cyclist who caused serious footpath crash – BBC News
‘A cyclist who seriously injured a pedestrian after crashing into her “at great speed” on a footpath has been jailed for eight months.’
BBC News, 12th June 2024
Source: www.bbc.co.uk
Category: footpaths
Suspended sentence for farmer whose cows trampled man to death – BBC News
‘A farmer has been given a six-month suspended prison sentence and fined after his cattle trampled one dog walker to death and left another paralysed.’
BBC News, 29th May 2024
Source: www.bbc.co.uk
Campaigner given green light to appeal High Court ruling over Department for Transport guidance on tactile paving and kerb heights – Local Government Lawyer
‘The Court of Appeal has granted a disability rights campaigner permission to appeal in her ongoing legal challenge against the Secretary of State for Transport regarding guidance on the use of tactile paving.’
Local Government Lawyer, 15th August 2023
Source: www.localgovernmentlawyer.co.uk
Council fined £300k after dog walker hit by tree on public footpath – Local Government Lawyer
‘A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.’
Local Government Lawyer, 29th December 2021
Source: www.localgovernmentlawyer.co.uk
Lionel Jeffrey Cozens-Smith v Bellway Homes Limited [2019] EWHC 3222 (Ch) – Tanfield Chambers
‘An application for the approval of reserved matters does not amount to a new application for planning permission.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
Council loses Court of Appeal battle over personal injury claim following tree root trip in park – Local Government Lawyer
‘The Court of Appeal has found that a council was liable for an injury suffered by a claimant when she tripped on a tree root on a path constructed in a park by one of its predecessor authorities.’
Local Government Lawyer, 2nd June 2020
Source: www.localgovernmentlawyer.co.uk
The power to make a Public Path Diversion Order – No. 5 Chambers
‘The recent decision of the High Court (Lieven J.) in The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1085 (Admin) “the OSS case”) considered the relevant considerations to be taken into account by a council when determining whether to exercise the power to make a Public Path Diversion Order (PPO) pursuant to section 119 of the Highways Act 1980 (as amended). The decision raises points for councils, vendors, purchasers and owners of adjacent land.’
No. 5 Chambers, 19th May 2020
Source: www.no5.com
No bull: farmers and footpaths during the COVID-19 lockdown – Landmark Chambers
‘The relationship between those using public footpaths and those whose land is crossed by public footpaths is often one of an uneasy truce. Farmers know all too well the damage nuisance and fear which can be and is caused by walkers straying from public footpaths, by uncontrolled dogs and by failures to comply with the Countryside Code. On the other side of the coin, incidents such as unlawful obstructions on or the long-term ploughing of public footpaths are not unknown.’
Landmark Chambers, 4th May 2020
Source: www.landmarkchambers.co.uk
Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph
‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’
Daily Telegraph, 26th January 2020
Source: www.telegraph.co.uk
When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog
‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’
Zenith PI Blog, 28th June 2019
Source: zenithpi.wordpress.com
MPs launch inquiry into pavement parking amid claims of ministerial inaction – Local Government Lawyer
‘MPs are to hold an inquiry to explore the problems of pavement parking in England, amid claims that the Government has failed to take action over the issue.’
Local Government Lawyer, 8th April 2019
Source: www.localgovernmentlawyer.co.uk
Couple unable to sell home after discovering public footpath running though living room – The Independent
‘Couple unable to sell home after discovering public footpath running though living room.’
The Independent, 13th March 2019
Source: www.independent.co.uk
Judges uphold listing of field as asset of community value despite trespassing – Local Government Lawyer
‘An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.’
Local Government Lawyer, 31st May 2018
Source: www.localgovernmentlawyer.co.uk
Council defeats challenge to decision to add 34 footpaths to definitive map – Local Government Lawyer
‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’
Local Government Lawyer, 1st December 2017
Source: www.localgovernmentlawyer.co.uk
Ramblers celebrate after landmark High Court ruling that could see up to 1,000 former rights of way re-open – The Independent
‘Up to 1,000 rights of way could be re-established centuries after they stopped being recorded on maps after a landmark High Court ruling.’
The Independent, 2nd July 2015
Source: www.independent.co.uk
Three Articles on Local Government Law – 11 KBW
Local Government Law Update: 18 July (PDF)
Local Government Law Update: 23 July (PDF)
Local Government Law Update: 25 July (PDF)
11 KBW, July 2012
Source: www.11kbw.com
Securing Commons – The Right and the Just? De-mystifying Commons Registration – Hardwicke Chambers
“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”
Hardwicke Chambers, 2nd May 2012
Source: www.hardwicke.co.uk
Cusack v Harrow London Borough Council – WLR Daily
Cusack v Harrow London Borough Council: [2011] EWCA Civ 1514; [2011] WLR (D) 357
“A highway authority had power under section 66(2) of the Highways Act 1980, but not under section 80, to erect posts so as to prevent vehicular access to a frontager’s forecourt in order to safeguard users of the highway. If the highway authority exercised that power the frontager would become entitled to compensation under section 66(8) of the 1980 Act.”
WLR Daily, 7th December 2011
Source: www.iclr.co.uk
Killer mobility scooter driver escapes prosecution – Daily Telegraph
“The driver of a mobility scooter who killed a 90-year old pedestrian escaped prosecution because no law existed to enable police to take action, an inquest heard.”
Daily Telegraph, 25th January 2011
Source: www.telegraph.co.uk
Segway motor scooter rider loses legal challenge – BBC News
“A man has become the first person in the UK to be successfully prosecuted for riding a Segway scooter on a pavement.”
BBC News, 18th January 2011
Source: www.bbc.co.uk
