1. Potential implications for highway claims from the revised UKRLG Codes of Practice
James Fawcett, Partner, Browne Jacobson
Malcolm Davies, Head of Risk, LB Croydon
LoTAG Conference,1 March 2016

2. Well-maintained Highways
Code of Practice for Highway Maintenance Management
2005 edition – last updated 18 September 2013

3. Well-maintained Highway Infrastructure - 2015
Release date: October 2015 – now summer tbc?
Part 1: overarching principles
Part 2: highways
Part 3: structures
Part 4: lighting

4. Status of the Code
1995 edition

5. Status of the Code: what the Courts say 1
Wilkinson -v- The City of York Council – Court of Appeal [2011]
“It is not a document which carries the force of law”
“It makes plain that it does not purport to be mandatory”
“I bear in mind that the national code is not a statutory document. It is a document which provides guidance”
- Lord Justice Toulson

6. Status of the Code: what the Courts say 2
TR –v- Devon County Council– Court of Appeal – 2013
“the code is clearly evidence of general good practice, its status must not be overstated. It has no statutory basis”
“the code does not set out mandatory rules. It is evidence of good practice. Authorities must exercise their own judgment”
- Lord Justice Hughes

7. Status of the revised Code
Revised Code (Draft 2) – September 2015:

8. Revised Code: overarching principles

9. Overarching principles: collaboration

10. Revised Code: risk-based approach

11. Revised Code: no default standards

12. Safety inspection frequency: old Code

13. Safety inspection frequency: revised Code
Part 2, Section 5: Inspection, Assessment & Recording
Part 1, Section 5: Risk-Based Approach

14. Defect identification: old Code
Appendix B: example from Westminster City Council

15. Defect identification: revised Code

16. Defect categorisation: old Code

17. Defect categorisation: revised Code

18. Revised Code: competency & training

19. Revised Code: competency & training

20. Inspection manuals

21. To do…. Review current highway policies against new Code
Ensure competency
Document all decisions
Train staff on new Code
Collaborate

22. Collaboration Consideration of London regional standard
Inspection Frequency
Defect Identification (Investigatory Levels)
Defect Categorisation
Competency & Training
Learn from other live examples eg Greater Manchester authorities

23. By when?
Previous Code remains valid until 1 October (tbc?)

24. Any questions?

25. Contact us James Fawcett, Browne Jacobson +44 (0)115 908 4874
Mowbray House, Castle Meadow Road, Nottingham, NG2 1BJ
Malcolm Davies, Croydon LB
Bernard Weatherill House, Mint Walk, Croydon, CR0 1EA