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20 September 2013 / Nicholas Dobson
Issue: 7576 / Categories: Features , Public
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Cross roads

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Nicholas Dobson revisits the Highways Act regarding overlapping powers

Back in August 1965 Bob Dylan paid a rock music revisit to Highway 61—the famous “blues highway” running from New Orleans to Wyoming. More recently (if less rhythmically), the Supreme Court on 19 June 2013 revisited a decision of the Court of Appeal on overlapping local authority highway powers—ss 66 and 80 of the Highways Act 1980 (HA 1980).

In Cusack v London Borough of Harrow [2013] UKSC 40, Lords Neuberger, Mance, Sumption, Carnwath and Hughes found that where there are two separate statutory provisions which could apply, it is open to the local authority to rely on either provision, provided that it is reasonable in all the circumstances for it to do so. Substantive judgments were given by Lord Carnwath and Lord Neuberger (with whom Lord Sumption and Lord Hughes agreed).

The facts

The case concerned Mr Cusack who since 1969 had practised as a solicitor at 66 Station Road, Harrow. In 1973 Cusack had obtained temporary planning permission to use the ground floor of

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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