Williams v Devon County Council [2016] EWCA Civ 419 (19 April 2016)

Williams v Devon County Council [2016] EWCA Civ 419 (19 April 2016)

Rules which prevent vehicles travelling one way or the other along a road are 'restrictions' in the ordinary meaning of that word; the TRO imposed requirements that restricted the passage of public service vehicles, thus triggering the requirement for a public inquiry under regulation 9; substitution of Ms Williams as claimant was proper under CPR Part 19.

Citation
[2016] EWCA Civ 419
Parties
Claimant/respondent: Sarah Jane Williams; Defendant/appellant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
19 April 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Traffic Regulation Orders, Statutory Construction, Public Inquiry Requirement, Standing of Claimant
Administrative Law Local Government Law Transport Law Traffic Regulation Orders Statutory Construction Public Inquiry Requirement Standing of Claimant

Case Brief

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Parties

Sarah Jane Williams

Claimant/respondent

Devon County Council

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the word 'restrict' in regulation 9 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 was correctly construed
  2. 2 Whether the substitution of Ms Williams as claimant was proper under CPR Part 19
  3. 3 Whether the TRO restricted the passage of public service vehicles along a road

Ratio Decidendi

Rules which prevent vehicles travelling one way or the other along a road are 'restrictions' in the ordinary meaning of that word; the TRO imposed requirements that restricted the passage of public service vehicles, thus triggering the requirement for a public inquiry under regulation 9; substitution of Ms Williams as claimant was proper under CPR Part 19.

Court Disposition

Appeal dismissed

Orders

  • TRO remains quashed
  • No need to consider section 122 issue