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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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