ETO

August 16th, 2021

A statutory challenge to a decision in February 2021 not to revoke an Experimental Traffic Order in relation to a street in the Barbican failed in R (Tomkins ) v City of London Corporation (2021) EWHC 2265 (Admin). The challenge was on the basis that it was no longer possible to continue with the experiment in any meaningful way once traffic levels had reduced because of covid lockdown. However, monitoring had continued, albeit on a less comprehensive basis than intended, and useful data obtained. A genuine experiment continued. Not revoking the ETO was not irrational. See especially para 101 of the Judgment, and the treatment at para 86 of Trail Riders v Peak District Authority (2012) EWHC 3359 (Admin).

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