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
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
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  EWCA Civ 950,  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
A road user was injured on a corner which was known to the highway authority to be dangerous. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view.
Held: The . .
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 . .
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 . .
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 . .
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 . .
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 . .
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. . .
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 . .