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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

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

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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
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