[2007] EWCA Civ 426, 9 May 2007. Considers whether a road had been constructed by a highway authority, otherwise than on behalf of another person who was not a highway authority. C appealed against an LT decision (L133592) that the road had been constructed and maintained by the developers appointed by W and was therefore not publicly maintainable. This precluded C from making claim for compensation against W due to a reduction in the value of property caused by the proximity of the road. "Held": The effect of agreements between W and the developers was that W would construct the road through the agency of the developers. Although the developers had made a payment towards the costs under the Highways Act 1980 there W had not constructed the road on behalf of another person who was not a highway authority. Therefore the matter of the road's construction and maintenance did not bar C's claim for compensation. Appeal allowed.