By Section 41 of the HIGHWAYS ACT 1980, a highway authority is generally under a duty to maintain a highway maintainable at public expense. Section 58 however provides a special defence in an action against a highway authority for damages for non-repair of a public highway that the authority had taken such care “ in all the circumstances “ as was “ reasonably required “ to “ secure “ that the part of the highway to which the action relates was “ not dangerous for traffic “. In SAMMUT v KENT COUNTY COUNCIL (2026 ) 2 WLUK 254 Coppel J holds that the authority’s RESOURCES are an IRRELEVANT MATTER.
CLEAN ENERGY
February 10th, 2026 by James Goudie KC in Environment, Highways and LeisureAn official publication addresses PLANS for growing local and community-owned CLEAN ENERGY PROJECTS.
ENVIRONMENTAL INFORMATION
January 30th, 2026 by James Goudie KC in Environment, Highways and LeisureOn whether a body is a PUBLIC AUTHORITY to which the ENVIRONMENTAL INFORMATION REGULATIONS are applicable, SA CERTIFICATION LTD v INFORMATION COMMISSIONER ( 2026 ) UKFTT 104 ( GRC ) reiterates that the critical question is whether the powers vested in the body are beyond those which result from the normal rules applicable in relation to persons governed by private law, and give the body an ability that confers on it a practical advantage relative to the rules of private law.
SEX DISCRIMINATION
January 30th, 2026 by James Goudie KC in Environment, Highways and LeisureIn SEX MATTERS v CITY OF LONDON CORPORATION ( 2026 ) EWHC 149 ( Admin ) Lieven J was concerned with the EQUALITY ACT 2010 in relation to admission arrangements at open air swimming ponds on Hampstead Heath. The Judgment is instructive on the preliminary issues of delay/prematurity and standing/alternative remedy.
LOW TRAFFIC NEIGHBOURHOOD SCHEME
January 23rd, 2026 by James Goudie KC in Environment, Highways and LeisureR ( HAWES ) v TOWER HAMLETS LBC ( 2026 ) EWCA Civ 24 is concerned with the London Borough Council’s decision to revoke such a Scheme. The judicial review challenge succeeded to the extent that the Council was found to have breached its statutory duty under Section 151(1)(a) of the Greater London Authority Act 1999 not to act inconsistently with a LOCAL IMPLEMENTATION PLAN approved by the Mayor of London.
RIGHT OF WAY
January 14th, 2026 by James Goudie KC in Environment, Highways and LeisureThere is a rebuttable presumption that a right of way marked on a definitive map actually exists, as marked. However, Section 53(2) of the Wildlife and Countryside Act 1981 empowers the local authority to MODIFY THE MAP if it discovers admissible evidence that there has been an error in its preparation.
Inconsistency between map and statement and/or comparison of the documents with the situation on the ground at the relevant time are such evidence. Indeed extrinsic evidence for this purpose is confined to that.
ENVIRONMENTAL PROTECTION
December 2nd, 2025 by James Goudie KC in Environment, Highways and LeisureDEFRA has, on 1 December 2025, published a 123 pages ENVIRONMENTAL IMPROVEMENT PLAN, pursuant to Section 10(6) of the post Brexit Environment Act 2021, seetting out (1) 10 long term GOALS, and how they can be delivered, and (2) 91 COMMITMENTS.
BUSES
October 29th, 2025 by James Goudie KC in Environment, Highways and LeisureA Committee of Public Accounts Report, published on 29 October 2025, raises concerns over ACCESSIBILITY FOR ELDERLY AND DISABLED PEOPLE and makes a number of Recommendations to the Department for Transport.
BUSES
October 28th, 2025 by James Goudie KC in Environment, Highways and LeisureThe Bus Services (No 2) Act has become law. Amongst other matters, it tightens requirements for cancelling routes empowers Councils to identify services as socially necessary, and lifts the ban on Councils setting up their own bus companies.
REVISION OF ENVIRONMENTAL IMPROVEMENT PLAN
October 21st, 2025 by James Goudie KC in Environment, Highways and LeisureThe UK Government has on 20 October 2025 published its Response to the Office for Environmental Protection’s Report on improving the natural environment in England from January 2025.