High Court delivers ground-breaking judgment on the extent of a highway and the meaning of “road to which the public has access”

03 Apr 2020

On 3 April 2020, the High Court (Fordham J) handed down a ground-breaking judgment which provided welcome clarification of the meaning of the phrase “road to which the public has access” in the context of road traffic legislation.  The decision in R (Pereira) v Environment and Traffic Adjudicators and London Borough of Southwark [2020] EWHC 811 (Admin) considers this term in the light of the numerous recent House of Lords and Supreme Court decisions on the nature of tolerated trespass and implied permission.  It has potentially widespread repercussions in the field of highways law and the many criminal offences and civil contraventions which depend upon acts being carried out on a highway or on “any other road to which the public has access”.


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