Kings Chambers

This Practice Note provides guidance on the ownership and creation of highways. It covers: the meaning of a ‘highway’; classes of highway; publicly and non-publicly maintainable highways; the creation of highways through public path creation agreements and orders and express and presumed dedication of highways; the duty to maintain highways; and the role of National Highways.

This Practice Note explains the civil powers available to a local highway authority for dealing with highway obstructions. It covers what an obstruction is and what the highway authority’s statutory power and duties are to deal with obstructions.

This Practice Note explains the criminal offences which a local highway authority could consider prosecuting under when dealing with highway obstructions. It covers what constitutes an obstruction, what the highway authority’s duties are in relation to obstructions, what prosecution powers are available within the Highway Act 1980 and other statutory provisions.

This Practice Note distinguishes between highways that are privately maintainable and highways that are maintainable at the public expense. It explains that the constructor retains liability for a new adopted highway until it has been open for around 12 months. Other highways may be privately maintainable by reason of tenure, enclosure, or prescription. It discusses the use of section 38 of the Highways Act 1980 (HiA 1980) agreement which allows for the adoption of a highway, passing the maintenance liability to the highways authority. The Note also sets out the public bodies that have a duty under HiA 1980 to maintain highways maintainable at public expense, including the Secretary of State, county councils, metropolitan or unitary councils, and London boroughs.

This Practice Note covers unwanted pregnancy in the context of negligently performed sterilisation procedures and failures to pick up fetal abnormalities during pregnancy.