Practice and Procedure

RUSBY v HARR (2006)

PUBLISHED June 7, 2006

The only ways a resident could challenge a local authority's purported adoption of a road under the Highways Act 1980 s.228 was either by raising an objection or by judicial review within the strict time limits. It would undermine the policy of the 1980 Act to allow the matter to be raised in civil proceedings for trespass long after the time limits had expired.