Patrick J. Cusack v London Borough of Harrow [electronic resource]
Patrick J. Cusack v London Borough of Harrow [electronic resource]
- 2011
[2011] EWCA Civ 1514, 7 December 2011. A highway authority has in certain circumstances a statutory right to prevent access to the public highway without having to pay compensation. Claimant C appealed against a decision allowing defendant H to place barriers or posts to prevent drivers crossing the pavement which was the means of access for customers to solicitor C's forecourt for parking purposes. "Held": CA found in favour of H. Although C contended that H's actions would infringe his property rights (access used for 40 years), CA agreed with H that the access was a safety risk.
CUSACK V HARROW LBC
HIGHWAYS ACT 1980 S80
England and Wales--1543-
[2011] EWCA Civ 1514, 7 December 2011. A highway authority has in certain circumstances a statutory right to prevent access to the public highway without having to pay compensation. Claimant C appealed against a decision allowing defendant H to place barriers or posts to prevent drivers crossing the pavement which was the means of access for customers to solicitor C's forecourt for parking purposes. "Held": CA found in favour of H. Although C contended that H's actions would infringe his property rights (access used for 40 years), CA agreed with H that the access was a safety risk.
CUSACK V HARROW LBC
HIGHWAYS ACT 1980 S80
England and Wales--1543-