Westminster City Council v Foundation and Colonnade Management Limited
Westminster City Council v Foundation and Colonnade Management Limited
[2005] EWCA Civ 1607, 20 December 2005. Considered an appeal by the local authority against a decision that it was liable to contribute to the cost of repairing and maintaining a highway that was the subject of an agreement made pursuant to the Highways Act 1980 s38. Under the terms of the agreement, F's predecessor in title had covenanted to maintain the structure of the buildings it occupied, which were constructed on a raft above a railway platform. A service road had been constructed on the same raft as part of the development, and the agreement made provision for maintenance of that road, which was adopted by the local authority. "Held" : appeal dismissed.
WESTMINSTER CITY COUNCIL V FOUNDATION AND COLONNADE MANAGEMENT LIMITED
HIGHWAYS ACT 1980 S38
[2005] EWCA Civ 1607, 20 December 2005. Considered an appeal by the local authority against a decision that it was liable to contribute to the cost of repairing and maintaining a highway that was the subject of an agreement made pursuant to the Highways Act 1980 s38. Under the terms of the agreement, F's predecessor in title had covenanted to maintain the structure of the buildings it occupied, which were constructed on a raft above a railway platform. A service road had been constructed on the same raft as part of the development, and the agreement made provision for maintenance of that road, which was adopted by the local authority. "Held" : appeal dismissed.
WESTMINSTER CITY COUNCIL V FOUNDATION AND COLONNADE MANAGEMENT LIMITED
HIGHWAYS ACT 1980 S38