The following Local Government Q&A produced in partnership with Alastair Frew of Lodders Solicitors provides comprehensive and up to date legal information covering:
A non-publicly maintainable highway is rare. A ‘highway’ is a road or path which is open to the public. In almost every case, such a highway will be maintainable by the highway authority, at the cost of the taxpayer.
However, there are instances of a road becoming a highway without it also becoming adopted, and it therefore remains maintainable by a private person or company. For further information, see Practice Notes: Highways—adoption agreements and Definition and classification of highways.
Sometimes, as in the case of roads within housing estates built before 1959, due to an anomaly in the legislation, they are maintainable by no one. Therefore, members of the public may find themselves passing along highways which are in a poor state of repair, but that the local council is not responsible. If the local council is not required to maintain the road, can that same council also avoid responsibility for managing the use of the road?
The key pieces of legislation are the Road Traffic Regulation Act 1984 (RTRA 1984) and the Road Traffic Act 1988 (RTA 1988). This legislation gives power to the ‘traffic authority’ (which, to all intents and purposes is the same as the ‘highway authority’, see RTRA 1984, s 121A) over
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1) offences at common law of public nuisance3; (2) an offence at common law of outraging public decency4; (3) administering an oath etc
Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of
Enforcing a warrant of controlThis Practice Note has been produced by enforcement specialists, The Sheriffs Office. It guides users through the process of enforcing a warrant of control obtained from the County Court as a method of enforcing a money judgment; whereby the judgment creditor takes
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)
0330 161 1234