Local government law - Highway law

Historically, a highway comprehended any path in which members of the public had the right to pass and re-pass without let or hindrance. The term embraced footpaths, bridleways, driftways and so forth. The advent of the motor vehicle and its peculiar requirements has seen increasing distinctions between paths over which walkers and riders have a right of way and those ways that are predominantly used by motor vehicles. The former may be usefully termed "rights of way" (and are the subject of a separate entry in this web) and the latter may be termed "highways."

Highways are of separate concern as they bring with them special rights and responsibilities relating to upkeep and so forth. This is a technical area of the law which involves a mixture of statutory provisions - principally contained in the Highways Act 1980 - a long history of the common law. Notably absent from the Act is any definition of a "highway."

4-5 Gray's Inn Square has long been involved with the law relating to highways, acting for local authorities, central government and highway users, both in court proceedings and inquiries.