Highway Expert Witness

We offer a full range of services with respect to the provision of expert witness advice. This can be in relation to simple safety matters involving personal or traffic accidents through to complex public inquiries on major planning application. We have provided expert witnesses for cases in local Magistrates Courts, County Courts, the High Court and the Royal Court of Justice in London.

Our wide base of experience in this field includes planning applications, planning enforcement appeals, public highway closure and Traffic Regulation Orders, public rights of ways issues (closures and diversions) and alleged professional negligence. We have experts in the fields of traffic and transportation, flood risk and highway design.

Highway Public Inquiry

Where planning permission has been refused an applicant has the right to appeal to the Secretary of State for an independent decision on the development. Appeals can be in three forms, a simple exchange of statements known as a written representations appeal, a local hearing which is an Inspector lead discussion between all parties and a Public Inquiry where professional witnesses provide formal evidence in a court room setting and are cross examined by counsel acting for the opposing parties. In all cases an Inspector appointed by the Secretary of State considers all evidence presented, asks his own questions of witnesses and views the site before making his/her decision to allow or dismiss the appeal.

Appeals can, especially with public inquiries, be a very expensive process and where planning consent has been withheld by an Authority for unjustified or unreasonable grounds it is possible to make an application for costs to recover the costs of the work involved in the appeal process.

We regularly provide Written Statements, attend Local Hearings and Public Inquires working either directly for Clients or via instructing planning consultants and solicitors as part of a dedicated team. In this area of work we have represented both the private sector and Local Planning Authorities.

Examples of Public Inquiry work we have undertaken within the last three years in this area include:

Erection of aviation hangers at Elvington Airport, Yorkshire - private sector
Major long term extraction of sand at Euxton Lancashire – on behalf of Lancashire County Council
Residential Development at Glusburn North Yorkshire - private sector
Proposed supermarket Elstow, Bedford - private sector
Successful Objection to proposed major food store, Douglas, Isle of Man, various private clients

In relation to the last example which involved a particularly complicated highway assessment of traffic generations of a large food store and its impact on the local highway network, the Inspector formally cited our witnesses’ evidence as “professional, balanced, honest and not over stated” in his decision notice. Our detailed evidence, based on sound preparation, helped inform his decision to refuse the proposal on highway and transportation grounds.

Traffic Regulation Orders

Traffic Regulation Orders cover a wide range of issues including on street waiting and loading restrictions, speed limits, prohibition of driving orders and access point closures to name but a few.

Examples of our expert witness in court cases in this field are:

Central reserve closures at Edge Lane Liverpool - private sector
Detrimental impact of access arrangements as a consequence of highway improvements, Blanchardtown Dublin - private sector

Stopping Up Order

Creation, diversion and “stopping up” of public rights of way are all subject to legal orders which may be under either the Highways Act or Town and Country Planning Act legislation depending on the circumstances. Rights of Way may also relate to rights on foot, on foot or horse or to all classes of public user. The Highway Act means of closure can require appearance in local Magistrates’ Court and where objections are raised to a proposed change to a public right of way under the Town and Country Planning Act this can in some cases lead to a local public inquiry.

Examples of our work in this field are:

Stopping Up Orders at Fereday Street, Manchester - private sector
Diversion of public footpath Pottery Lane Knottingley- private sector

Professional Negligence and Personal Injury

Where road traffic or personal injury accidents have unfortunately occurred we have been required to form an opinion of causation factors and have represented Clients where redress against the Local Highway Authority or third parties has been sought.

An example of our work in this field is our involvement in providing expert witness opinion and court appearance with respect to the circumstances of a fatal traffic accident in Leeds. Other cases where our expert opinions have been requested are in relation to injuries arising from alleged defective public highways and highway drainage.

We have also been involved in cases of alleged professional negligence where expert opinion is provided on the salient factors of the case and guidance is required by the Court in reaching its decision. Expert opinion in this area can be provided on a wide range of issues from highway related planning matters through to construction specifications and on-site works. We are aware of the requirements of expert witnesses in this area of work and of their duty to the court.

We would be happy to discuss with prospective clients the basic procedures involved in any of the above and further general information on the examples cited above and other work in this field can be given if required. We are also able to provide initial desk top advice on the merits of a case as the first stage in the process.

Highway Expert Witness

A data sheet detailing the Highway Expert Witness Services that we can offer is available to view, in PDF format, by clicking on the image on the left.