This Practice Note explains the procedure for statutory undertakers and those with street work licences to use the highway for utility works and apparatus through the statutory provisions in the New Roads and Street Works Act 1991 (NRSWA 1991) and other enabling legislation. It explains who are statutory undertakers. It sets out the duty of care owed both statutory and in common law to other highway users. Street works at common law 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. Street works—liability in negligence Even when authorised by statute to interfere with or use the highway

Powers to adopt The Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway authorities to maintain adopted highways at public expense and provides for payment to highway authorities for highway works and their maintenance, provided the authority is satisfied that it will be of benefit to the public. Section 38 agreement Adoption under HiA 1980, s 38 is a common way of creating new highways that are maintainable at the public expense. The developer must construct streets to an agreed standard, having secured technical approval of the highway authority to the designs. This process takes place in accordance with a legal agreement between the developer and the highway authority entered into under HiA 1980, s 38, known as a section 38 agreement. The section 38 agreement sets out the obligations of the developer to construct the streets and to maintain them for a set period once completed (normally 12 months). Following the satisfactory discharge of these obligations, and expiry of the initial maintenance period, the new streets are automatically

Meaning of ‘highway’ In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have the right to pass and re-pass. The terms ‘highway’ and ‘public right of way’ are often used interchangeably, although the term ‘highway’ is more commonly used to describe the physical route rather than the right itself. For example, a way used by motor vehicles would usually be called a ‘highway’ rather than a ‘right of way’. Right of passage The legal consequence of a route being a highway is that the public have a right to pass and repass along the route. The public’s right to use a highway may be restricted according to the type of highway, eg footpaths and pavements (on foot), bridleways (horseback) or vehicular roads (with or without vehicles). Classes of highway The following are common categories of highway: • a carriageway, including a byway open to all traffic (for use on foot, horse, cycle, motorised and non-motorised vehicles) • a bridleway (for use

Law360, London: Elton John and Beyoncé's former manager has beaten a multimillion-pound claim accusing him of improperly diverting a music catalog investment opportunity for his own benefit, with a London judge ruling he was entitled to pursue the idea behind the Hipgnosis music investment fund.

Private Client analysis: This appeal concerned the narrow question of whether the ‘success fee’ part of a conditional fee agreement (CFA) can be recovered as part of the lump sum awarded in claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). The Supreme Court held that success fees could not form part of the substantive relief, therefore rendering that portion of a successful claimant’s legal fees irrecoverable from the estate. This will limit claims under the I(PFD)A 1975 by impecunious claimants, and will impact settlement strategies and advice given by practitioners. The judgment considered the question from a number of angles, but the principal issue was public policy; not undermining the CPR costs regime or Parliament’s intention. Written by Elizabeth Atkinson, barrister at Ten Old Square.

A hirer is a private or public sector individual or organisation, whether or not operating for profit, that books agency workers via a temporary work agency to work temporarily for them and under their supervision.

Law360: Insurers Hiscox and Lancashire Holdings confirmed on 2 May 2024 they will likely face a financial hit from the collapse of the Francis Scott Key Bridge in Baltimore.

Historic England has published new guidance describing the factors that affect the environmental performance of traditionally constructed historic buildings. The document explains how internal environmental conditions impact both the building fabric and its contents and sets out measures to minimise deterioration risks when planning remedial works, upgrades or alterations. The guidance, aimed at building professionals, custodians and owners of historic buildings who are planning repair or alteration projects, covers topics such as environmental parameters, inherent building performance, modification approaches and conservation-specific assessment methods.

Historic England has published new guidance on best practices for scaffolding historic buildings and monuments. The document sets out key approaches and design considerations for scaffolding and other temporary works required during the maintenance or repair of historic structures. It is intended for building professionals and contractors, as well as planning and conservation officers reviewing scaffolding proposals in a historic context. The guidance draws on existing industry best practice and explains how these can be applied to historic buildings and structures. It also highlights the importance of building safe and stable scaffolding without damaging the historic fabric of the building.

A universally recognised accounting convention where costs, turnover, assets and liabilities are generally recorded at the value when the transaction was incurred and where assets are valued and depreciated according to their cost at the time of purchase.

Arbitration analysis: Mr José María Alonso, arbitrator and partner at Baker & McKenzie Madrid, has become only the second arbitrator in ICSID history to be disqualified from acting as an arbitrator in an ICSID arbitration. Dr Jim Yong Kim, Chairman of the ICSID Administrative Council, upheld Venezuela’s proposal to disqualify Mr Alonso pursuant to art 57 of the ICSID Convention, deciding that it had been demonstrated that a third party would find an evident or obvious appearance of lack of impartiality on a reasonable evaluation of the facts in the case. As Mr Alonso’s disqualification is only the second in ICSID’s history, the decision will be scrutinised closely by parties and their lawyers when they prepare future challenges against arbitrators. The decision is important, but it does not have precedent value and is unlikely to represent a relaxation of what is viewed as a very high threshold to the disqualification of arbitrators in ICSID proceedings. Nevertheless, partners in law firms should be wary of accepting appointments to ICSID tribunals when their firm, in whatever guise, is involved in parallel ICSID arbitration proceedings.

Introduction The core legislation found in the Inheritance Tax Act 1984 (IHTA 1984) and the former capital transfer tax regime contained an oversight. There was nothing to prevent an individual seeking to reduce exposure to inheritance tax (IHT) on death from making a lifetime gift (with the hope of surviving at least seven years) while continuing to have the use or enjoyment of the gifted asset. Under the legislation, it was therefore possible for an individual effectively to give away their home for IHT purposes while continuing to occupy it. The gift with reservation of benefit (GWR or GROB) provisions introduced by section 102 and Schedule 20 to the Finance Act 1986 (FA 1986) were designed to close this loophole. Where the GROB provisions apply, the gifted (or in some cases, substituted) property is generally treated as remaining part of the donor’s estate for IHT purposes while the donor continues to benefit. The provisions can apply if (among other things) an individual makes a gift of property on or after 18 March 1986 which is not subsequently