Practice and Procedure

R (on the application of SPICE & ORS) v LEEDS CITY COUNCIL (2006)

PUBLISHED February 27, 2006

A highway authority was not obliged to accede to a request made under the Highways Act 1980 s.117 for it to apply to a magistrates' court for a stopping-up order in respect of a public highway. A highway authority had a broad discretion under s.117 of the Act and was not confined to considering whether the highway in question was necessary for public passage.

[2006] EWHC 661 (Admin)