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Court hearing – 10.00 am Friday 27th July  –   Silverman vs Justine Greening, the Secretary of State for Transport

Please refer to the M40 J1- The Denham roundabout (2012)  case study page

A whole day has now been been set aside for the hearing. It will take place at High Wycombe Magistrates Court.

In spite of evidence showing the condition of area on 20th March 2012, the date of my complaint to the court.  It is expected that the defendant will argue that:

They have not breached their duty under S89 of the Environmental Protection Act (EPA) to ensure, as far as is practicable, that highway in question is kept free of litter and refuse and,

They are not therefore obliged to pay my costs and,

Assuming the land is still littered, that the court cannot issue a litter abatement order instructing them  to clean it up.

This is very much a test case. it will put under the spotlight exactly  how the Highways Agency interpret their legal responsibilities under the EPA and the associated Litter Code of Practice.

Both sides are employing barristers.  The losing party will be obliged to pay tens of thousands of pounds in costs. I hope its not going to be me!

I would be most grateful if you come along on Friday to give me your support. There is a public car park opposite the court.  Convenient trains leave from Marylebone at 9.14 and 9.40 am.

 

Peter Silverman

 

 

 

 

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