Barker v Lancashire County Council: CA 23 May 2013

‘The short point for which permission to appeal has been given in this tripping case is said to be whether, granted that a claimant for the purpose of establishing liability under s. 41 of the Highways Act 1980 has to identify the particular defect in the highway that gave rise to his injury, the local authority can also refer exclusively to that particular defect when seeking to establish their statutory defence under s. 58 of the 1980 Act. Mr Barker submits that, if the local authority were in breach of duty in relation to a wider part of the highway than that containing the particular defect and if they ought to have performed the duty to maintain in such a way as to have eradicated the individual defect which caused the injury, then they should be liable notwithstanding that there was no absence of due care in relation to the individual defect that caused the accident.’


[2013] EWCA Civ 582




England and Wales

Personal Injury, Local Government

Updated: 26 May 2022; Ref: scu.510024