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Highway – Maintenance. The proceedings concerned an appeal against the judge's interpretation of s 38(6) of the Highways Act 1980 that a s 38 agreement, including when made under s 38(3) of the Act, could in law contain provision for the party other than the highway authority to pay a sum referable to the expenses of a highways maintenance after the date on which it became maintainable at the public expense. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the judge had reached the correct conclusion.
Highway – Maintenance. The proceedings concerned an appeal against the judge's interpretation of s 38(6) of the Highways Act 1980 that a s 38 agreement, including when made under s 38(3) of the Act, could in law contain provision for the party other than the highway authority to pay a sum referable to the expenses of a highways maintenance after the date on which it became maintainable at the public expense. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the judge had reached the correct conclusion.
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