Jurisdiction(s):
United Kingdom

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Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

Public path extinguishment and diversion under sections 118 and 119 Highways Act 1980: powers, tests, procedure, costs and challenges

Published by a LexisNexis Planning expert

Practice notes

This Practice Note explains the powers, processes and procedures for stopping up and diverting footpaths under sections 118 and 119 of the Highways Act 1980 (HiA 1980). Please note that there are alternative mechanisms for stopping up/extinguishing and re-routing rights of way. For an overview and comparison of the tools available to stop up or divert rights of way, see Practice Note: Powers to stop up and divert highways and footpaths.

Stopping up of footpaths, bridleways and restricted byways under HiA 1980, s 118

Section 118 of the HiA 1980 confers a discretion on highway authorities to extinguish a footpath, bridleway or restricted byway where the route is unnecessary for public use. Orders made under section 118 are termed 'public path extinguishment orders'. Although a public path extinguishment order under section 118 must be made by the highway Authority, the statute contemplates that such orders may follow an application. The relevant provisions of the HiA 1980 do not identify who may submit that application. Nevertheless, secondary legislation regulating the making of public path extinguishment orders indicates that applications for such orders ought to originate from owners, lessees, or occupiers of the land across which the...

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Web page updated on 21/05/2026

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