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GLOSSARY
An order of the High Court whereby a judgment debtor is ordered not to take any of a series of specified steps in relation to securities or funds in court.
GLOSSARY
An order to stop up a highway where it is no longer needed or the land is needed for development to take place, which restricts public use of the highway. Powers to stop up are set out in the Highways Act 1980 and the Town and Country Planning Act 1990.
PRACTICE NOTES
This Practice Note covers the powers and procedures for stopping up and diverting footpaths under sections 118 and 119 of the Highways Act 1980 (HiA 1980). Note that there are other routes for stopping up/extinguishing and diverting rights of way. For an overview and comparison of the available powers to stop up and divert rights of way, see Practice Note: Powers to stop up and divert highways and footpaths. Stopping up of footpaths, bridleways and restricted byways under HiA 1980, s 118 HiA 1980, s 118 gives highways authorities discretionary powers to extinguish a footpath, bridleway or restricted byway where the path or way is not needed for public use. Orders made under HiA 1980, s 118 are known as 'public path extinguishment orders'. While a public path extinguishment order under HiA 1980, s 118 must be made by the highways authority, the legislation envisages that such orders may be made on application. The relevant sections of HiA 1980 do not specify who can make such an application.
PRACTICE NOTES
What is section 247 and when may it be used? Section 247(1) of the Town and Country Planning Act 1990 (TCPA 1990) grants a discretionary power to the Secretary of State to authorise the stopping up or diversion of any highway outside Greater London if he is satisfied that it is necessary to do so in order to enable development to be carried out either: • in accordance with planning permission granted under TCPA 1990, Pt III, or • by a government department Therefore, for an order to be made, the stopping up or diversion must be necessary to enable development to be carried out. There must be a direct conflict between the planning permission and an existing right of way that usually, but not exclusively, only arises where development pursuant to the permission would obstruct the highway. Within Greater London, these same powers are vested with the council of the relevant London borough under TCPA 1990, s 247(2A). The order may make such provision
PRACTICE NOTES
What is a s 257 order? Section 257 of the Town and Country Planning Act 1990 (TCPA 1990) applies to footpaths, bridleways and restricted byways affected by development. It allows a ‘competent authority’ to authorise the stopping up or diversion of such routes if they are satisfied that it is necessary to do so in order to enable development to be carried out either: • in accordance with planning permission granted under TCPA 1990, Pt III or TCPA 1990, s 293A (see: Necessary for development to be carried out below), or • by a government department TCPA 1990, s 257 also allows an order to be made in anticipation of the grant of planning permission where the stopping up or diversion would be necessary if planning permission were to be granted (with the order then only capable of confirmation once planning permission is granted). A ‘competent authority’ is defined in TCPA 1990, s 257(4) as: • in the case of development authorised by a planning permission,
PRECEDENTS
This Precedent is for the Notice where an Order had been made to permanently stop up or divert public rights of way ie footpaths, bridleways or restricted byways, for the purposes of permitting development to take place. This Notice is drawn up under the provision of section 257 of the Town and Country Planning Act 1990 and paragraph 1 of Schedule 14. NOTICE OF PUBLIC PATH ORDER TOWN AND COUNTY PLANNING ACT 1990 S 257 AND PARAGRAPH 1 OF SCHEDULE
NEWS
Environment analysis: The Storm Overflows Discharge Reduction Plan sets out a strategy to combat the impact of storm overflows. Benjamin Holland, solicitor at Irwin Mitchell LLP, provides comment on the development.
GLOSSARY
Theft in a house accompanied by violence or threats of violence to the occupiers.
NEWS
Law360: A London judge ruled 6 June 2024 that a legal battle between insurers and aircraft lessors over planes that have been stranded in Ukraine after Russia's 2022 invasion should be heard in Ukraine rather than England.
NEWS
Law360: Fidelis Underwriting Ltd has said it is not liable for almost US$45m being claimed by an Irish aircraft operating company to cover the loss of planes stranded in Russia because it was a commercial decision by the operator to retain the aircraft.
NEWS
The European Court of Human Rights (Strasbourg Court) has ruled against Switzerland in Verein KlimaSeniorinnen Schweiz and Others v Switzerland, finding that the Swiss authorities had failed to take sufficient action to mitigate the effects of climate change, particularly global warming. The matter was brought to the Strasbourg Court by four women and Swiss Association, Verein KlimaSeniorinnen Schweiz, after they alleged their health, well-being and quality of life had been adversely impacted by the effects of global warming. The Strasbourg Court found in favour of the applicants and ruled that the state had violated their right to respect for private and family life (Article 8) and had violated their right to access to court (Article 6 § 1) as per the European Convention on Human Rights. The ruling held a majority of sixteen votes to one, with Judge Eicke giving a partly dissenting and partly concurring opinion.
NEWS
The Council of Europe's Steering Committee for Human Rights (CDDH) has drawn up possible draft elements of a political declaration on the European Convention on Human Rights (ECHR). It was given this task following a ministerial conference in December 2025 and is part of preparations for a Committee of Ministers meeting at Chisinau, Moldova, in May. This comes against a background of concern among states about increasing migration pressures. The CCDH's 'outcome document' sets out, in draft form, elements that could be included in a political declaration addressing the operation of the ECHR in the context of migration and related challenges.