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
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
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
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
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
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
