Patrick J Cusack v. London Borough of Harrow [2011] Ewca Civ 1514 - Daniel Tobin, 12 King’s Bench Walk
27/03/12. This case looks at the situation which can arise when a highway authority is desirous of blocking up a private access to the highway without exposing itself to the liability to pay compensation under Section 66(8) of the Highways Act 1980. It involves consideration of potentially overlapping powers in the 1980 Act, and the compatibility of Section 80 of the Act with Article 1 of the First Protocol to the Human Rights Act 1998.
Factual Background
The Claimant was a solicitor who had practiced from premises in Station Road, Harrow since 1969. The premises were originally built as a dwelling. Its former front garden had been covered with hardstanding to form a forecourt. This forecourt was open to the highway. Since 1969 the Claimant, his staff and clients had used the forecourt as a car park. This required that the cars be driven to and fro over the footway. When exiting, the cars were reversed over the footway.
Although the Claimant accepted that he could...
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