Public Path in Public Park

June 3rd, 2020

In Barlow v Wigan MBC (2020) EWCA Civ 696 the Court of Appeal holds that a public path in a local authority park engaged the statutory duty under Section 41 of the Highways Act 1980 notwithstanding that the path had not been constructed as a highway by the authority in its capacity as highway authority. The path was nonetheless maintainable at public expense within Section 36 of the Act. It had been dedicated as a highway.

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