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#1 Posted : 14 August 2001 10:22:00(UTC)
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Posted By Richard In Cutter v Eagle Star, Nov 1996 it was held that roads on industrial estates etc are public roadways. Can anybody tell me if this was an English or Scottish Court? Thanks Richard
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#2 Posted : 14 August 2001 11:50:00(UTC)
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Posted By Robert K Lewis It was an English case reported from C of A on 3 december 1996 in Times. It concerns the definition of a road. I understand Scottish law takes the same base definitions except the use of the term streets is more common. Also don't forget the is a subtle difference between a Public Highway, ie. one adopted by a relevant Highways authority, and a road to which the public has access. Both are policed and subject to motoring legislation whereas the former is subject additionally to New Road & Streetworks Act and associated codes for work, plus other requirements. Bob
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#3 Posted : 14 August 2001 12:08:00(UTC)
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Posted By Richard Bob Thanks for your prompt and comprehensive reply. There are no major issues depending on this, just something I needed to clarify. I have no reason to suppose Scots law will be any different. In fact, in my experience many English precedents are accepted, and then applied even more strictly, particularly in the H&S field! Richard
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#4 Posted : 14 August 2001 19:29:00(UTC)
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Posted By Stuart Nagle Just for information... The definition of a 'Public Highway' is; A way over which all persons have a right to pass and repass unhindered, subject to obstructions which are either natural or legal !! If anyone needs to find out which are public highways (adopted and maintainable at public expense) or bridleways, footways, footpaths, ect... The information can be obtained from their local Highway Authority (usually the local council), by requesting information contained for the 'locus in quo' as detailed within the 'Definitive Plan'. This is a legal record of all such classifications that the highway authority are required by law to maintain and which is accpetable in a court as evidience of the particular definition and category of road, path or way within the highway authorities area. Stuart Nagle
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