Search Results for: Highways Act 1980 41(1)

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Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006

Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006

Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

The claimant asserted a common law duty on the respondent to maintain a roadway free of frost. Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done … Continue reading Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

West Sussex County Council v Russell: CA 12 Feb 2010

The council appealed against a finding that it had failed in its duty to keep the highway safe leading to an accident in which the claimant was severely injured. The road was narrow, and a significant drop had developed by the edge of the road. The claimant drove into the drop, then crashed after swerving … Continue reading West Sussex County Council v Russell: CA 12 Feb 2010

King Lifting Ltd v Oxfordshire County Council: QBD 20 Jul 2016

A heavy crane had toppled from a road. The crane owners said that the highway authority were responsible for the poor condition of the road. Held: The action failed. The evidence did not support the assertion that the accident arose from a road insufficiently maintained. Judges: Reddihough HHJ Citations: [2016] EWHC 1767 (QB) Links: Bailii … Continue reading King Lifting Ltd v Oxfordshire County Council: QBD 20 Jul 2016

Harrison v Derby City Council: CA 21 Apr 2008

The claimant injured herself tripping over a depression in the pavement. The council appealed a finding that it was in breach of its duty, saying that it had inspected the footway every six months. Held: The appeal succeeded. Any collapse at this site would be from a cellar underlying the pavement, which might happen suddenly. … Continue reading Harrison v Derby City Council: CA 21 Apr 2008

Atkins v London Borough of Ealing: QBD 17 Oct 2006

An accident which occurred when a manhole cover tilted, causing the claimant’s foot to fall through into the hole and causing the claimant injury. Held: The council’s appeal failed. Judges: Teare J Citations: [2006] EWHC 2515 (QB) Links: Bailii Statutes: Highways Act 1980 41(1) 58 Jurisdiction: England and Wales Cited by: Cited – Harrison v … Continue reading Atkins v London Borough of Ealing: QBD 17 Oct 2006

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Goodes v East Sussex County Council: HL 16 Jun 2000

The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road. Held: The statutory duty on a highway authority to keep a road in repair did not include an absolute duty to remove all ice. The … Continue reading Goodes v East Sussex County Council: HL 16 Jun 2000

Vernon Knight Associates v Cornwall Council: CA 30 Jul 2013

Appeal by Cornwall County Council against a decision that it is liable for damage caused by floodwater escaping from one of the roads in the county. Lord Dyson MR, Jackson LJ, Sir Stanley Burnton [2013] EWCA Civ 950, [2013] WLR(D) 329 Bailii, WLRD Highways Act 1980 41(1) 58(1) England and Wales Land, Torts – Other … Continue reading Vernon Knight Associates v Cornwall Council: CA 30 Jul 2013

Floyd v Redcar and Cleveland Borough Council: CA 5 Aug 2009

The claimant appealed against dismissal of his claim for personal injuries. He had tripped over an uneven pavement. The authority denied that the pavement was within its responsibility. The roadway had been constructed by a developer with an agreement for the authority to adopt it, but the authority said that it had not been a … Continue reading Floyd v Redcar and Cleveland Borough Council: CA 5 Aug 2009