The roadway was regularly closed off when flooded by the sea, and then cleaned up afterwards. The claimant slipped on seaweed on the road. The Council appealed against an award of damages, saying it was not practicable to close the road off to pedestrian, and that it would have been cleaned when the tide retreated.
Held: The appeal was allowed. The danger was apparent to the claimant, and the council had no additional duty to her. She made a choice to proceed, and assumed the risk.
kennedy, Laws LJJ
 EWCA Civ 743
Highways Act 1980 17
England and Wales
Cited – Heydon’s Case 1584
Mischief rule of Iinterpretation
Lord Coke stated the basis of the mischief rule of interpretation: ‘For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and . .
Cited – Cross v Kirklees Metropolitan Borough Council CA 27-Jun-1997
The Council’s duty to maintain a highway is not absolute. It must take reasonable steps to prevent or clear ice forming on pathway. Lord Justice Evans analysed the application of Section 41 to a situation which arose from ice and snow. In any case . .
These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.145658