Highways Law


Theme: Planning, Environmental and Highways law

7 December 2017, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Geldards Nottingham


Presented by Geldards

Course overview

Suitable audience:

This course will be suitable for lawyers who are interested in an introduction to highways laws or highways claims.

Overview and topics to be covered:

Huw Williams will give a broad overview of the CPO process but emphasise the particular features of the CPO’s under the Highways Act 1980 and the recent reforms of the CPO process. This will cover:

• Historical background.
• Identifying the scheme.
• CPO powers under the Highways Act
• Making out a compelling case for acquisition.
• CPO procedure.
• Preparation and Making.
• Objections.
• Confirmation and Implementation.
• An outline of the compensation code.
• CPO reforms update.

Charles Felgate will explain how to prepare for a major public inquiry and the assembly of the evidence to cover an ever widening range of topics.

Donna Makin will provide a general legal update on personal injury claims arising from highways accidents and will also refer to the useful decision in Samuel v Rhondda Cynon Taff County Borough Council in relation to visual inspections by highways authorities and discuss the potential costs consequences of QOCS upon Part 20 claims for contribution.

Tomos Phillips will give a refresher session on the formalities of section 38 and section 278 agreements and some of the most frequently encountered drafting points.

Interactive elements

The overview from Huw Williams will take attendees through the practicalities of the CPO process. Charles Felgate will talk about his experience of preparing for major public inquiries and invite attendees to share their experiences.

Duration: Half a day (3 training hours) including lunch


This course will cover:

A Ethics professionalism and judgement

B Technical legal practice

B2 Legal research

B4 Draft documents

B5 Advocacy

B6 Negotiation

C Working with other people

C1 Communicate clearly and effectively

D Managing themselves and their own work

Presenter profiles:

Huw Williams is an administrative and public lawyer specialising in planning, environment, compulsory purchase, devolution, local government and State aid. He acts for many public bodies and local authorities in England and Wales. A graduate of Jesus College, Oxford, Huw joined the firm in 1987 after nine years in local government. At Geldards Huw’s practice was initially focused on the regeneration of Cardiff Bay notably the construction of the Cardiff Bay Barrage and the Wales Millennium Centre.

Huw is a Trustee of the National Library of Wales and chair of the audit committee and Joint Company Secretary of the Wales Millennium Centre. He is the Chair of Public Law Wales, a member of the Board of the Legal Wales Foundation and of the Wales Committee of the Law Society of England and Wales. He is also currently involved with the reform of planning law in Wales. Huw has many years experience of advising local authorities on highways schemes and the use of highways CPO powers.

Recognised as a leader in the field of planning and environmental law, Charles Felgate’s practice covers all aspects of planning law, including contentious and non-contentious work. He acts for numerous local authorities, as well as a number of national park authorities, routinely advising on planning and enforcement matters and strategic planning issues. Charles is originally from New Zealand, where he qualified as a barrister and solicitor in 1998. In the UK Charles initially worked for several local authorities in a locum capacity, before joining Geldards in 2003 and transferring his qualifications to the UK, specialising in planning and environmental law.

Charles regularly participates in planning appeals and called in planning applications. He has significant expertise in compulsory purchase and compensation claims, planning obligations, highways adoption agreements, stopping up orders, and other infrastructure agreements. He also regularly advises on contaminated land issues. Charles is currently advising on a major motorway scheme costed at in excess of £1bn.

A graduate of Manchester University, Donna Makin trained at Eversheds and qualified in 1992. She specialised immediately in defendant personal injury litigation and became a Partner in Eversheds in 1997. She joined Geldards as a Partner in 2003 and is based in our Cardiff office where she heads the Corporate Risk and Insurance team. She is a member of the Forum of Insurance Lawyers. Donna specialises in defendant personal injury claims arising from road traffic accidents, occupational accidents and exposures and under the Occupiers’ Liability Acts. She advises insurers, corporates, utility companies, charities and local authorities.

Her practice encompasses injuries of the utmost severity, fatal claims and occupational disease claims, particularly asbestos related. She has defended claims for mesothelioma, asbestos related lung cancer and asbestosis in the High Court as well as claims for noise induced hearing loss, occupational asthma and HAVS. She has successfully defended a number of occupational stress claims on behalf of private and public sector clients.

She is also instructed to assist clients with insurance archaeology investigations, inquests and HSE interventions/investigations and has undertaken ‘root and branch’ internal reviews on behalf of local authority and corporate clients following catastrophic injuries or large scale asbestos exposures.

She is very experienced in the management of large corporate liability portfolios and working with captive insurance managers.

Recognised as a leader in her field for many years, Donna is known for applying her excellent technical knowledge to the commercial context in which her clients operate.

‘Donna Makin is a highly experienced practitioner who is able to advise on a broad range of personal injury matters. She is praised by sources as an “extremely well prepared” lawyer who is “very efficient, with a keen eye for detail.” ‘ Chambers 2016

Donna Makin is noted for her ‘clear and reasoned advice’ and regularly defends clients in employer’s liability and public liability claims. Legal 500 2016

Tomos Phillips is a lawyer with significant experience in a wide range of public law matters, particularly in planning and environmental law and other related areas. Tomos is a member of Geldards’ public law team, specialising in local government, planning, environmental, highways and compulsory purchase law. He also advises clients on other areas such as freedom of information and Welsh language legislation.

A graduate of the University of Bristol, Tomos trained with Geldards before qualifying in 2010. Tomos has wide experience of various types of statutory highways and planning agreements.

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If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.