Cusack v London Borough of Harrow

Cusack v London Borough of Harrow

The Council’s proposed erection of barriers falls squarely within section 66(2) of the Highways Act 1980, which specifically addresses safeguarding highway users and requires compensation for interference with access. Section 80, being a general provision, does not apply where section 66(2) is applicable. The Council must proceed under section 66(2) and pay compensation. Section 80 is compatible with A1P1, but does not apply to these facts.

Parties
Claimant/appellant: Patrick J Cusack; Defendant/respondent: London Borough of Harrow
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome
Appeal allowed in part; declarations granted as to the proper statutory power; no injunction granted.
Legal Topics
Statutory Interpretation, Highway Authority Powers, Compensation for Interference With Access, Human Rights – Peaceful Enjoyment of Property
Administrative Law Highways Law Property Law Statutory Interpretation Highway Authority Powers Compensation for Interference With Access Human Rights – Peaceful Enjoyment of Property

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Parties

Patrick J Cusack

Claimant/appellant

London Borough of Harrow

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Council could lawfully erect barriers preventing vehicular access to the highway from the appellant’s property under section 80 or section 66 of the Highways Act 1980 without paying compensation.
  2. 2 Whether the exercise of such statutory powers is compatible with Article 1 of the First Protocol to the European Convention on Human Rights (A1P1).

Ratio Decidendi

The Council’s proposed erection of barriers falls squarely within section 66(2) of the Highways Act 1980, which specifically addresses safeguarding highway users and requires compensation for interference with access. Section 80, being a general provision, does not apply where section 66(2) is applicable. The Council must proceed under section 66(2) and pay compensation. Section 80 is compatible with A1P1, but does not apply to these facts.

Court Disposition

Appeal allowed in part; declarations granted as to the proper statutory power; no injunction granted.

Orders

  • Declaration that section 80 does not apply to the facts of this case.
  • Declaration that the Council has power to act under section 66(2) but must pay compensation if it does so.