The following Local Government practice note produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020, SI 2020/536, LNB News 22/05/2020 77 and Statutory guidance: Traffic Management Act 2004: network management in response to COVID-19.
At common law it is a nuisance to interfere with the surface of a highway. When the nineteenth-century utility companies began work and used the highways as routes for their underground pipes and cables, many of them found that, without statutory authority and despite them being the most obvious routes, they were prevented by the courts from using the highways for their apparatus. The Sheffield Gas and Cambridge Gas cases illustrate the point.
Even when authorised by statute to interfere with or use the highway for utility works and apparatus, the statutory undertakers and those with street works licences owe a duty of care to (other) highway users. There are often quite specific requirements in a street works licence about fencing off the excavation and about the managing of pedestrian and vehicular traffic past the works, but the common law requirements also apply. See, for example:
Holliday v National Telephone
Scott v Mayor, Aldermen and Citizens of the
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The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus (COVID-19) and contractual obligations—checklisttogether with the Q&A (in the related content pod on the right hand side) for
Dawn raid—who can raid my organisation and why?IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
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