London Borough of Southwark and another v Transport for London

Local authority – Powers. In reversing a decision of the Chancery Division, the Court of Appeal, Civil Division, held that 'highway' in art 2(1) of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000, SI 2000/1552, which transferred to the respondent Transport For London in relation to each Greater London Authority road the highway, in so far as it was vested in the former highway authority, was intended to carry its ordinary legal meaning. Therefore, it had transferred only the surface of the highway and sufficient sub-soil as was necessary for the maintenance of the surface.

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