Herrick v Kidner

[2010] EWHC 269 (Admin); [2010] PTSR 1804

17th February 2010

High Court


This case concerned the proper interpretation and application of the provisions in sections 130A-130D of the Highways Act 1980, introduced by the Countryside and Rights of Way Act 2000 to enable members of the public to compel performance of highway authorities’ statutory duty to prevent obstruction of highways in their respective areas.  Mr Kidner sought an order requiring Somerset County Council to secure removal of gates erected by Mr and Mrs Herrick across a public footpath on their land.  Cranston J upheld the decision of the Crown Court at Taunton to order the taking of steps to remove all such parts of the structure as impinged on the highway, notwithstanding that there was ample room for people to walk between the pillars if the gates were kept open, on the basis that any structure which prevented the public from using and enjoying the whole of a highway “significantly interfered with the exercise of public rights of way over that way” for the purposes of the legislation.  

Associated Members:

Practice Areas:

© New Square Chambers Ltd : Barristers regulated by the Bar Standards Board.