Jurisdiction(s):
United Kingdom

Key definition

Right of way definition

What does Right of way mean? A right of way is a legal right to pass and repass over land owned by someone else—on foot, with vehicles, animals or equipment—for a defined purpose. In private law it is usually an easement in England & Wales, Northern Ireland and Ireland, and a servitude in Scotland. The concept is primarily shaped by case law, with statutory rules on prescription and recording/registration varying by jurisdiction. Key features include: it benefits identified “dominant” land and burdens “servient” land; the scope is limited to the permitted mode and intensity of passage; ancillary rights reasonably necessary to use the way may exist; there...

Road traffic negligence: duty and standard of care for drivers and other road users, learner driver and supervisor liability, and evidential approaches to proving breach

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note

This Practice Note addresses the duty of care owed by road users to others involved in road traffic incidents, including car drivers or motorists, passengers, pedestrians and cyclists. Road users are obliged to take reasonable care so as to avoid causing harm to those using, or present upon, the highway. The applicable standard is that of the ordinary competent driver, and no indulgence is afforded to inexperienced or learner drivers. A road user should also anticipate that fellow users of the highway, or other persons present, may not demonstrate the requisite level of skill, experience and care. Road traffic accidents generate a significant volume of work for Personal injury practitioners, giving rise to claims that span the entire Spectrum of severity and complexity. The chief cause of action is Negligence; although statutory duties, nuisance or contract can at times be relevant, for the overwhelming majority of claims the controlling legal framework remains the obligation to drive with ordinary care and skill...

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Web page updated on 21/05/2026

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