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25 November 2010
Issue: 7443 / Categories: Case law , Law digest
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Highways

Ali v City of Bradford Metropolitan District Council [2010] EWCA Civ 1282, [2010] All ER (D) 193 (Nov)

Section 130 of the Highways Act 1980 was concerned with the protection of the legal rights of the public at large. The rights in question were the rights of the general public to use the public highway. The section related to legal rights of access, not the safety of the highway. It placed no express obligation on the highway authority to remove obstructions, and there was no justification for the implication of such an obligation, especially since express provision was made about the duty of a highway authority to remove obstructions in s 150.

Section 263(1) provided for the vesting of public highways in the highway authority, but the legal interest thereby created was an unusual and limited one. A highway authority was not an occupier of the highway and did not owe to highway users a common law duty of care. Sections 149 and 150 regulated the powers and duties of highway authorities with respect to the removal of highway

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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