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Section 58 defences and reactive systems

Section 58 defences and reactive systems

Tom Danter examines how reactive systems are taken into account when considering section 58 defences in highways claims.

January 13, 2026

Section 58 defences and reactive systems

News

Councils see “massive” jump in pothole claims, but vast majority fail, new data shows

January 09, 2026

Councils to be given powers to keep cars from parking on pavements

January 08, 2026

High Court rejects all five grounds in Luton Airport expansion legal challenge

December 11, 2025

Resident secures compensation award over impact of relief road scheme 50m from property

Dec 11, 2025

Court of Appeal hears challenge to removal of low traffic neighbourhood scheme by mayor of London borough

Nov 26, 2025

County gets government go-ahead for lane rental scheme

Nov 13, 2025

North East transport body to procure legal advisors for £430m Metro Go signalling project

Nov 07, 2025

TfL made changes to vehicle scrapping schemes without following due process or informing public, Ombudsman finds

Nov 06, 2025

High Court to hear judicial review challenge over approval of London Luton Airport expansion

Nov 04, 2025

Hugh James bolsters rail sector team with appointment of MTR Elizabeth Line managing director as strategic advisor

Oct 22, 2025

Campaigners threaten judicial review over decision to expand Gatwick Airport

Oct 16, 2025

Council threatened with legal action over temporary congestion charge scheme

Oct 10, 2025

TfL appoints 19 firms to £120m legal services panel

Oct 09, 2025

Borough council to issue refunds to drivers over irregularities with traffic regulation order

Oct 08, 2025

Council moves to scrap 1930s bye-laws

Sep 18, 2025

Drivers to be refunded £485k in bus lane fines after admin error at London council

Aug 20, 2025

Local authority pursues recovery of boat removal costs under Pre-Action Debt protocol

Aug 18, 2025

High Court rejects challenge to traffic regulation orders affecting town centre

Aug 07, 2025

Permission granted for judicial review over Luton Airport expansion decision

Jul 30, 2025

Judge rejects legal challenge to traffic regulation order prohibiting private vehicle access across bridge in Cambridge

Jul 17, 2025

London borough facing judicial review threat over road crossing painted in colours of transgender pride flag

Jul 08, 2025

Judge allows employee of unsuccessful bidder to be part of confidentiality ring in legal challenge over award of e-bike concession contract

Jul 08, 2025

Court of Appeal allows liability claim against council over “dangerous” hole in grass verge

Jul 04, 2025

MPs call for new commissioner to help curb council legal disputes over street works

Jul 03, 2025

Judge criticises claim against council in private dispute

Jul 02, 2025

Pre-action protocol letter sent over plans for cycleway through nature reserve

Jul 01, 2025

Commuter who suffered serious injuries falling down gap between platform and Tube launches High Court claim against TfL

Jul 01, 2025

TfL to press ahead with pedicab regulation in London following consultation

Jun 26, 2025

Transport body appoints five law firms to professional services framework

Jun 17, 2025

Campaign group wins Court of Appeal challenge over £200m funding cut to Cycling and Walking Investment Strategy

Jun 11, 2025

David Kerfoot obituary

Jun 09, 2025

London borough proposes using Public Spaces Protection Order to tackle idling cars

Jun 05, 2025

Council secures fundamental dishonesty finding in highways tripping claim

Jun 04, 2025

Council concedes it acted unlawfully in temporarily diverting public footpaths

May 14, 2025

Claimants vow to appeal High Court dismissal in Oxford bridge dispute

May 13, 2025

High Court finds council consultation on low traffic neighbourhood scheme was flawed

May 09, 2025

Private road residents apply to Land Registry to block council access to building site

May 08, 2025

Council facing legal threat after biker dies on “degraded road surface”

May 08, 2025

County council loses High Court appeal over award of damages for boardwalk slip

May 01, 2025

Motorcyclist fails in High Court claim against London borough over accident involving manhole cover

May 01, 2025

Amendments to Planning and Infrastructure Bill to cut pre-consultation period for major infrastructure in half: Government

Apr 25, 2025

County council hit with £6m fine over busway deaths

Apr 17, 2025

Planning Court judge rejects claim by parish council that leader of district gave binding promise on routing of ‘greenway’

Apr 17, 2025

Features

Highways, kerbs and intervention levels

Highways, kerbs and intervention levels

December 18, 2025

Tom Danter reports on a recent case where the claimant alleged there was a dip in a kerbstone that caused her to ball but the defendant local authority was able to put forward a successful section 58 defence.

No liability for sap falling on the public highway

No liability for sap falling on the public highway

November 26, 2025

Powys County Council has successfully defended a claim brought on the basis that it had failed to address the presence of sap on a pavement. Judith Blades explains how.

Where now for the ‘right’ to park?

Where now for the ‘right’ to park?

November 07, 2025

At what point does a right go too far to be recognised as an easement? Max Thorowgood considers a recent Upper Tribunal decision.

High Court on highway widths

High Court on highway widths

October 03, 2025

Charles Streeten analyses the High Court’s rejection of a challenge to confirmation of a definitive map modification order.

Imposing the brakes on car cruising

Imposing the brakes on car cruising

Sep 11, 2025

Aarhus cost protection in traffic order challenges

Aarhus cost protection in traffic order challenges

Sep 11, 2025

The section 58 defence in the Highways Act 1980

The section 58 defence in the Highways Act 1980

Jul 11, 2025

Council liability in cases of personal injury suffered on public highways

Council liability in cases of personal injury suffered on public highways

Jun 11, 2025

The statutory duty under s.41 Highways Act 1980

The statutory duty under s.41 Highways Act 1980

Jun 06, 2025

Traffic management orders and low traffic neighbourhoods

May 14, 2025

Time limits and CIL

May 02, 2025

Cross-examination in judicial review

Apr 22, 2025

Take it to the bridge

Apr 04, 2025

Empowering local authorities: An overview of the Bus Services Bill

Mar 07, 2025

Stanthorne Hall ‘Great Expectations’ judicial review dismissed

Feb 07, 2025

Removal of neighbourhood traffic schemes

Jan 15, 2025

Applications for a liability order enforcing CIL

Jan 10, 2025

Bus franchising reform – on the road to change?

Dec 05, 2024

Defending cycling pothole claims

Nov 29, 2024

Highway to Homes

Nov 29, 2024

Obstruction of the highway

Aug 02, 2024

Depedestrianisation and EIA development

May 15, 2024

Traffic Regulation Orders

May 03, 2024

The Public Service Obligations in Transport Regulations 2023

Apr 24, 2024

Webinars

Local Authority Insight Series: Making Highways Fit for the Future

Join Ruth Stockley, barrister at Kings Chambers, and Chris Burgess of Norfolk County Council for an in-depth discussion that addresses the legal issues and obstacles involved with adapting highways for a low carbon future and the legal tools available to local authorities.

Planning for Protests

The Transport and Works Act

Introduction to Highways Works; Public Rights of Way and Village Greens for Planners

Getting to grips with infrastructure projects as a local authority

Rights of Way: An introduction to Private and Public Rights of Way

Planning and Rights of Way in National Parks, the Broads and AONBs

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