Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Agreement definition

What does Agreement mean? In competition law practice, an agreement is any form of coordination between undertakings that shows a meeting of minds about market conduct (for example pricing, output, customers or territories). It is not limited to a legally enforceable contract: it includes informal or “gentlemen’s” understandings, oral arrangements, email exchanges and tacit understandings, and extends to decisions of associations of undertakings. Mere parallel conduct is insufficient without evidence of contact or communication. The term is used in legislation and developed by case law: Article 101 TFEU, section 4 of Ireland’s Competition Act 2002, and the UK Chapter I prohibition in the Competition...

Highways Act 1980 sections 38 and 278: contractor obligations, bonds, maintenance and adoption (England and Wales)

Published by a LexisNexis Construction expert

Practice notes

This Practice Note explores agreements made under sections 38 and 278 of the Highways Act 1980, assessing the duties they create and, in particular, the Contractor’s stance in respect of them. Providing new roads and footpaths (together called ‘highways’ in this Practice Note) is a routine element of many schemes. Equally, numerous schemes call for alterations or upgrades to existing roads and footpaths. In some instances, a planning permission may even stipulate that fresh highways are constructed or that modifications to current highways Infrastructure are delivered. See Practice Note: Planning conditions—key points. Ordinarily, the developer envisages that, once those works are finished, the new and/or modified highways will be taken over and maintained by the local highway authority (LHA). Consequently, agreements under the Highways Act 1980—particularly, here, Highways Act 1980, ss 38 and 278—are frequently concluded between the LHA and the developer to secure delivery of the requisite or agreed highways works to the necessary standard. This is done pursuant to the Highways Act 1980 framework and the specific provisions in sections 38 and 278 therein. Adoption will typically occur after a pre-agreed interval following completion of the highway works (commonly 12 months). Until that ultimate adoption occurs, the developer...

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Web page updated on 21/05/2026

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