QB-2022-002451 - [2025] EWHC 2204 (KB)

The evidence of the Defendant was that the scope of the project “required a collaborative approach with the client, Hackney Council, their Streetscene highways team, [TFL] and other interested stakeholders including resident forums.” (Per Sam Breaks, Site Manager in September 2019). That proposition is entirely uncontroversial. There is, however, in my judgment, a distinction between a collaborative approach between stakeholders who have, or may have, an interest or concern in a project, and legal responsibility for arrangements put in place.

In his written witness evidence, Mr Barrett explained that his role was to advise on construction projects and provide guidance on interventions which considers, “cycling, logistics and utilities management”. He explained that he looked at safety, environmental, economic and community impacts of projects, and also does a lot of work with emergency services, particularly the Metropolitan Police. In oral evidence Mr Foxton, in my judgment, was keen to set out that the adopting of a collaborative approach between different organisations, and consultation between them, did not mean that the local authority ‘approved’ the Defendant’s plans. See further paragraph 33 below.