On 24-25 October 2018, the Supreme Court (Baroness Hale, Lords Reed, Carnwath, Lloyd-Jones and Briggs) heard an appeal concerning the interpretation of the GLA Roads and Side Roads (Transfer of Property) Order 2000. The issue is whether the effect of a Transfer Order, which transferred to Transport for London (“TfL”) certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.
The proceedings were begun before the Arbitrator, John Male QC, and the issues considered by the Supreme Court comprised some of the preliminary issues which were the subject of an interim award by him in favour of TfL in 2014. Mann J endorsed the Arbitrator’s award in 2015 but was overturned by the Court of Appeal in 2017.
Tim Morshead QC and Charles Banner acted for TfL, instructed by Gowling WLG (UK) LLP.