Q&As

If a landowner undertook works on a highway retaining wall which has damaged its structural integrity but refuses to reach agreement to remediate the damage and pay the costs, what action can the highway authority take?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 10 June 2022
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A Local authority has various powers relating to the highway, the majority of which are contained in the Highways Act 1980 (HiA 1980). These powers extend to interventions where land adjoining a street (defined as a result of HiA 1980, s 329 by virtue of section 48 of the New Roads and Street Works Act 1991 as any highway, road, lane, footway, alley or passage, any square or court, and any land laid out as a way, whether or not it is formed as a way, a bridge or a tunnel) poses a danger or annoyance, pursuant to HiA 1980, s 167. HiA 1980, s 167(9) provides that 'retaining wall' means a wall, not forming part of a permanent building, which serves, or is intended to serve, as a support for earth or other material on one side only.

HiA

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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