Roads in UK Law

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Leading Cases
  • Haydon v Kent County Council
    • Court of Appeal
    • 18 Nov 1977

    If section 44 meant that the highway authority were under a duty - an absolute duty - to remove snow and ice, they would be given an impossible task. If the highway authority were bound to clear all those of snow and ice whenever they become slippery or dangerous, they would require an army of men with modern machines and tools stationed at innumerable posts and moving forward information whenever there was a severe frost.

  • Goodes v East Sussex County Council
    • House of Lords
    • 15 Jun 2000

    In the case of the duty to repair, the road either satisfies the objective test formulated by Diplock L.J. in Burnside v. Emerson [1968] 1 W.L.R. 1490, 1497 or it does not. No highway authority could avoid being from time to time in breach of its duty, which would apply not merely to fast carriage roads but to all highways, including pavements and footpaths.

  • Levine v Morris
    • Court of Appeal
    • 09 Oct 1969

    All motorists are guilty of errors of one kind or another on one occasion or another, and I think it would be quite unreal if roads were designed on the assumption that no driver would ever err. Indeed, as Lord du Parcq put it in the case of London Passenger Transport Board -v- Upson, already referred to, and reported in 1949 Appeal Cases, where the quotation appears at page 176:

  • Suffolk County Council v Mason
    • House of Lords
    • 29 Mar 1979

  • Rider v Rider
    • Court of Appeal
    • 24 Nov 1972

    Having considered the authorities cited to the learned trial judge and in this court, it is in my judgment clear that the Corporation's statutory duty under Section 44 of the 1959 Act is reasonably to maintain and repair the highway so that it is free of danger to all users who use that highway in the way normally to be expected of them - taking account, of course, of the traffic reasonably to be expected on the particular highway.Having considered the authorities cited to the learned trial judge and in this court, it is in my judgment clear that the Corporation's statutory duty under Section 44 of the 1959 Act is reasonably to maintain and repair the highway so that it is free of danger to all users who use that highway in the way normally to be expected of them - taking account, of course, of the traffic reasonably to be expected on the particular highway.

  • Burnside v Emerson
    • Court of Appeal
    • 03 Jul 1968

    The duty of maintenance of a highway which was by Section 38(1) of the Highways Act 1959 removed from the inhabitants at large of any area, and by Section 44(1) of the same Act was placed upon the highway authority, is a duty not merely to keep a highway in such state of repair as it is at anyparticular time, but to put it in such good repair as renders it reasonably passable for the ordinary traffic of the neighbourhood at all seasons of the year without danger caused by its physical condition.

  • Thomas and Others v Bridgend County Borough Council
    • Court of Appeal
    • 26 Jul 2011

    At least there the state was able to raise an arguable case for distinguishing between the two categories of road. Here, instead, the section produces a result which is directly contrary to that which common sense would dictate.

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Legislation
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Books & Journal Articles
  • Roads and transport.
    • Núm. 393, Enero - Enero 2013
    • African Business
    ...The Transport sector is made up mainly of road transport, maritime and water transport, civil aviation and rail. Road transport is the major carrier of Ghana's land transport system, currently taking up about 98% of freight and 95% of passenger traff......
  • Two roads, one goal.
    • Núm. 214, Octubre - Octubre 1996
    • African Business
    ...Was the recent sale of a significant slice of Anglo-American's industrial cake to a black business consortium the start of a revolutionary new era or simply a cosmetic exercise? The recent sale of Anglo-American's stake in Johnnic to a consortium o......
  • The fight against corruption: international organizations at a cross‐roads
    • Núm. 15-2, Mayo 2008
    • Journal of Financial Crime
    Purpose: The purpose of this paper is to offer anti‐corruption experts' personal assessments of the progress international organizations have made in fighting corruption. Design/methodology/approa...
  • Defences for Drunken Drivers: Public Policy on the Roads and in the Air
    • Núm. 54-5, Septiembre 1991
    • The Modern Law Review
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Law Firm Commentaries
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