The role of judicial review applications in the CIL regime

A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant. Read more
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Mar 23, 2020

Landowner loses Upper Tribunal appeal over certificate of appropriate alternative development for site acquired for link road

The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.
Mar 19, 2020

High Court gives green light to challenge over refusal by national park authority to pursue traffic regulation order

The High Court has recently granted Green Lanes Environmental Action Movement (“GLEAM”) permission to pursue a claim for judicial review against the Lake District National Park Authority over its refusal to pursue a traffic regulation order (“TRO”) to prohibit or reduce traffic from motorised vehicles, particularly four wheel drives, on two unsealed roads in the Lake District National Park.
Mar 11, 2020

Claimant ordered to pay £13k in legal costs to council over pothole injury claim

Sunderland City Council has secured a £13,000 costs order against a claimant who said he had suffered a knee injury when he hit a pothole on his motorbike.
Mar 06, 2020

Highways England to appoint single supplier to £3m advocacy and litigation services contract

Highways England is to let a £3m contract for advocacy and litigation services covering the support and litigation of network claims (‘Green Claims’) where the organisation will be the legal claimant.
Mar 03, 2020

Broadcaster Chris Packham launches judicial review challenge over decision to proceed with HS2

Broadcaster and naturalist Chris Packham is to challenge the decision of the Prime Minister to give the go-ahead to HS2, claiming that the review central to the mandate to proceed was “seriously flawed in its methods”.
Feb 27, 2020

Councils and environmental groups win appeal over third runway at Heathrow

Local authorities, the Mayor of London and environmental campaigners have won an appeal over the proposed expansion of Heathrow Airport by the addition of a third runway under the Airports National Policy Statement (ANPS).
Feb 17, 2020

Luton Council pursues judicial review of neighbouring council’s link road approval

Luton Council is to bring a judicial review of Central Bedfordshire Council’s decision to approve an application for a new link road after it says local plan examination inspectors’ letters calling the plan into question were not properly considered.
Feb 17, 2020

Claimant who sued over pothole injury given suspended sentence after evidence of extreme sports participation

Walsall Council has successfully prosecuted a man who falsely claimed significant compensation following an injury when falling in a pothole.
Feb 10, 2020

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project

A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.
Feb 10, 2020

Crown Commercial Service to set up £50m, pan government rail legal services panel

The Crown Commercial Service (CCS) has unveiled plans to put in place a pan government collaborative agreement for the provision of rail legal services worth an estimated £50m over six years.


March 06, 2020

Heathrow Airport expansion and climate change policy

The Court of Appeal has declared the Heathrow expansion decision unlawful on climate change grounds. David Hart QC explains why.
December 13, 2019

Accidents arising from street furniture

A council has been fined £1.4m after a child suffered a life-changing head injury on a street bollard. Ridwaan Omar examines the lessons to be learned.
November 22, 2019

Traffic management orders and equalities impacts

The High Court has dismissed an equalities challenge brought by the trustees of the Central Gurdwara over the impact of a traffic management order on the Sikh Temple. Charles Streeten explains why.
November 08, 2019

Recovering costs after the lifting of automatic suspensions

Melanie Pears and Tim Care examine a case where a claimant bidder argued that the defendant contracting authority should not have all the costs of its successful application to lift an automatic suspension.
October 11, 2019

Procuring bike share schemes

Colin Murray and Bradley Martin set out how public bodies can procure bike share schemes - without reinventing the wheel.
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October 04, 2019

Abandoning a procurement exercise - when can a contracting authority extinguish a challenge?

Lucy James looks at the legal effect of a decision to abandon a procurement exercise and whether it extinguishes an accrued cause of action a bidder may have against a contracting authority for breaches of the Public Contracts Regulations 2015 SI 2015/102 (PCR 2015).
September 20, 2019

CIL Pools and the latest changes (in England)

Rachel Sykes analyses the impact on local authorities of the latest changes to the Community Infrastructure Levy regime that came into force at the beginning of September.
September 06, 2019

Cleaning up the air we breathe

Rob Hann looks at the pressures on local authorities to push forwards at pace with their clean air initiatives.


Jan 30, 2020

Council puts arms-length bus company into liquidation after financial woes

One of the few remaining local authority-owned bus operators has ceased trading and been put into liquidation.
Jan 23, 2020

Resident wins permission for judicial review challenge over HS2 tunnel design near Euston station

A resident who lives near the planned route of the High Speed 2 (HS2) rail line has won the right to bring a judicial review against its tunnel design under London’s Euston station.
Jan 03, 2020

Timetable set for new inquest into ‘air quality’ death of child

A new inquest into the death of 9 year-old Ella Kissi-Debrah will be held November or December this year, following the ordering of a new inquest by the high court last year.
Jan 03, 2020

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site

The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.
Dec 18, 2019

Park authority facing legal challenge over decision not to use traffic regulation orders to stop use of green lanes by 4x4s and motorbikes

A campaign group is to mount a legal challenge over the Lake District National Park Authority’s decision not to use traffic regulation orders to stop recreational 4x4 and motorbike use of two lanes in the Langdale area.
Dec 18, 2019

Ex-council officer convicted of making false air quality readings

A former Waverley Borough Council officer has been convicted of making false air quality readings.
Dec 17, 2019

Injured cyclists bring claim against county council after crashing on ford “more slippery than ice”

Three cyclists are bringing a claim against Leicestershire County Council after they crashed on a ford on a road that they say the council failed to keep safe for cyclists.
Dec 05, 2019

Council fined £1.4m after child suffers life-changing head injury in “easily preventable” incident

Hampshire County Council has been fined £1.4m after a six-year-old girl playing on an unsecured street bollard suffered a life-changing head injury.
Dec 03, 2019

Local authority defeats High Court statutory challenge over traffic regulation order

Cumbria County Council has defeated a statutory challenge to a traffic regulation order (“TRO”) made in respect of an unadopted highway in Carlisle city centre.
Dec 02, 2019

Campaigners secure funds for potential judicial review of new Bedford to Cambridge rail route

A campaign group has said it has successfully raised sufficient funds to pursue a judicial review against East West Rail (EWR) should a route announcement for the new Bedford to Cambridge rail line be by way of Bassingbourn or neighbouring villages.
Nov 28, 2019

London borough defeats housebuilders in dispute over adoption of roads

A district judge has ruled that two roads are of so little use to the public that the London Borough of Barnet need not adopt them.
Nov 19, 2019

Driver and Vehicle Standards Agency names 12 firms to £4m legal services framework

The Driver and Vehicle Standards Agency (DVSA) has appointed 12 law firms to a framework for the provision of prosecution and legal services worth an estimated £4m.
Nov 11, 2019

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order

A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.
Oct 18, 2019

Court of Appeal hears challenge from councils, London Mayor to Heathrow expansion approval

The Court of Appeal has this week begun hearing an appeal from five councils, the Mayor of London and Greenpeace over the Government’s decision to approve Heathrow expansion.
Oct 17, 2019

Borough council defeats legal challenge over land being safeguarded in Local Plan for train depot

Ashford Borough Council has defeated a High Court challenge to its local plan brought by a developer who objected to land being safeguarded for a train depot.
Oct 15, 2019

Borough council fined £300k over fatal collision involving bus passenger

A council has been fined £300,000 after a passenger was killed when run over by a lorry at a bus station.
Oct 02, 2019

Equalities watchdog sets up legal support project for transport discrimination claims

The Equality and Human Rights Commission has launched a legal support project to help individuals with transport discrimination claims.
Sep 26, 2019

Elected mayor criticises North East transport body over procurement of train contract

Tees Valley’s Conservative elected mayor has criticised the region’s Labour councils over the reported award of a rail contact to a foreign firm instead of locally-based Hitachi Rail.
Sep 25, 2019

Ombudsman criticises council and contractor after people "may have been denied right to challenge parking tickets in court"

The Local Government and Social Care Ombudsman has found Cherwell District Council’s car parking contractor at fault, saying its actions meant people may have been denied their rights to challenge parking tickets through the courts.
Sep 02, 2019

Government publishes revised guidance aimed at simplifying advice on Community Infrastructure Levy regime

The Ministry for Housing, Communities and Local Government has published new planning practice guidance designed to “further simplify advice on the CIL regime, helping communities and developers understand what is required”.
Aug 27, 2019

Isles of Scilly Council to appoint legal adviser for support on electronic vehicle technology project

The Council of the Isles of Scilly plans to appoint a legal services provider to support a project developing an alternative fuelling network, multi modal travel hubs and mobility platform to encourage adoption of ultra-low carbon transport.
Aug 12, 2019

Unsuccessful bidder challenges TfL over award of contract for proposed Silvertown Tunnel

The reserve bidder for the design, build, finance and maintain contract for the proposed Silvertown Tunnel has launched a legal challenge to the procurement process undertaken by Transport for London.
Aug 06, 2019

High speed rail operator to procure £15m legal services framework

HS1 Ltd, which has the 30-year concession to own and operate High Speed 1 (the UK’s first section of high-speed rail), is to appoint providers to a legal services framework worth an estimated £15m over seven years.
Aug 05, 2019

London borough wrongly destroyed pizza van, Local Government and Social Care Ombudsman says

The London Borough of Barnet has reviewed its policy concerning abandoned vehicles and planned new training for its staff after the Local Government and Social Care Ombudsman found that the council’s order to destroy a pizza van was not justified.
Aug 02, 2019

Council seeks to overturn gagging order following change of political control

One of three councils that signed gagging orders with Highways England over the Oxford-Cambridge Expressway project has said it will reconsider the issue, and two now oppose the project outright.


July 12, 2019

Construction of a highway

If a highway authority built a highway, it is highway maintainable at public expense. Matthew White reports on a significant High Court ruling for local authorities.
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May 10, 2019

Airports NPS challenges: the result

A Divisional Court has rejected the legal challenge brought by a group of councils and other claimants over the endorsement of a third runway at Heathrow. Angus Walker looks at the judges' findings.
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April 26, 2019

Local authorities and traffic light controlled junctions

A city council has successfully defended a claim brought by a motorcyclist over the phasing of a traffic light-controlled junction. Nicola Hyam and David Williams explain how.
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April 18, 2019

Between Blackpool rock and a highway hard place

Had a claimant who tripped on a kerb been successful in a recent case, it could have led to Blackpool Council having to consider redesigning its popular new promenade area at very considerable cost. Paul Murphy explains how the authority successfully defended the claim.
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April 12, 2019

Problems with service of CIL documents

Christopher Cant examines the challenges that arise when seeking to comply with the Community Infrastructure Levy regime.
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March 15, 2019

Proving the size of highway defects

A recent High Court ruling in a claim against a highways authority over a pothole demonstrates why measurements of length, width and depth are crucial, writes Dominique Smith.
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December 21, 2018

Transferring interests in highways

The Supreme Court has handed down a ruling in a dispute between two London councils and Transport for London on the extent of the transfer of a 'highway'. David Elvin QC explains the outcome.
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October 26, 2018

Enforcing s106 agreements

What can you do if in relation to s.106 agreements things don’t work out as planned? Gary Soloman explains.
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September 07, 2018

Contractual interpretation: the Amey dispute

Deborah Down considers how a contractor’s rigid approach to what a highways maintenance contract said, led to unintended consequences for the authority.
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August 24, 2018

Tripped up

A borough council in the West Midlands recently secured a finding of fundamental dishonesty in a highways tripping case. Matthew Harpin sets out how.
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July 20, 2018

Highways and inspection systems

A council’s annual inspection system was recently found by a court to be adequate for the purposes of S.58 of the Highways Act 1980 (the Act) when determining liability. Lucie Evans and Suzanne Milne report.
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May 25, 2018

Impaired lines of sight and motor accidents

Should a landowner or highways authority face liability for obstructed sightlines? John Goodman analyses a recent Court of Appeal ruling that wil be a useful case for highway authorities and other landowners.
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April 20, 2018

CPO and compensation: key changes

Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.
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April 06, 2018

Ports and good governance

Local authorities that manage municipal ports need to consider and implement the government's new Ports Good Governance Guidance, writes Lara Moore and Ione McGregor.
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February 23, 2018

Installing barriers on public highways

LexisPSL Local Government, in partnership with Laura Hughes of Browne Jacobson, deals with the question of the powers available to a local authority when installing gates or barriers on public highways.
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January 19, 2018

Dealing with icy car parks

The Court of Appeal recently rejected a claim for damages brought by a 78-year-old man who fell on ice in a council-operated car park. Claire Booth explains why.
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December 15, 2017

Continuing issues with CIL

Christopher Cant analyses some of the thorny issues thrown up by regime for the Community Infrastructure Levy.
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August 24, 2017

Direct action and injunctions

Protestors have been stopped from preventing a tree-felling programme run by Sheffield City Council. Yaaser Vanderman sets out the judge’s reasoning for granting an injunction.
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August 17, 2017

Seeing through the smog

How can local authorities interpret DEFRA’s Clean Air Zone Framework in compliance with the law? Anna Heslop looks at the background and an important legal test.
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August 17, 2017

Public rights over public spaces

Laura Renaudon reports on a rights of way order decision concerning a definitive map modification application over a public park owned by Durham County Council.