header-logo header-logo

29 July 2020 / Michael Orlick
Issue: 7897 / Categories: Features , Procedure & practice , Highways
printer mail-detail

Highways: access all areas?

25156
Michael Orlik examines what constitutes ‘a road to which the public has access’

In brief

  • R ex p Preeti Pereira and Environment and Traffic Adjudicators and London Borough of Southwark: Road Traffic Regulation Act 1984 and parking penalty charges.

It is an offence to park a vehicle on a road in contravention of a traffic regulation order prohibiting parking made under the Road Traffic Regulation Act 1984. Section 142 in the Act defines ‘road’ as meaning ‘any length of highway or of any other road to which the public has access’.

In the case of R ex p Preeti Pereira and Environment and Traffic Adjudicators and London Borough of Southwark [2020] EWHC 811 (Admin), [2020] All ER (D) 95 (Apr) heard by the High Court in February this year, the court considered the meaning of ‘a road to which the public has access’.

The facts—was it a highway?

Dr Pereira lives in College Road, Dulwich, London with her husband Dr Stephen Pereira. The pavement outside their house

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll