Kind v Northumberland County Council

[2013] 1 WLR 743, [2012] RTR 30, [2012] EWHC 603 (Admin)

14th March 2012

Administrative Court


Adrian Pay acted for the successful appellant in an appeal by way of case stated to the Administrative Court in relation to a cattle grid across the full width of a public bridleway. It was successfully argued before Lord Justice Moore-Bick and Mr Justice King that section 146 Highways Act 1980 could not be used to authorise an obstruction which ran the full width of a public highway. The judgment provided an important statement of principle as to the limits on the power under section 146 Highways Act 1980 and also guidance as to how the Courts should approach the discretion under section 130B Highways Act 1980.

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