The council sought under section 81 the cost of having had to place bollards over a manhole cover owned by the defendant. The cover was said to have been cracked leading to injury, and temporary arrangements had been made for its safety. The judge had found the works to be emergency works within section 52.
Held: The appeal succeeded. The section and regulation were to be given a purposive interptretation to avoid absurdity. Regulation 4 should not be read so as to refer only to regulation 3 inspections. It was not appropriate to require the authority to contact the owner of the cover before doing any works.
Judges:
Pill, Hughes, Stanley Burnton LJJ
Citations:
[2010] EWCA Civ 887, [2010] WLR (D) 200
Links:
Statutes:
New Roads and Street Works Act 1991 52 81, Street Works (Maintenance) Regulations 1992
Jurisdiction:
England and Wales
Citing:
Cited – Keating v Elvan Reinforced Concrete Co Ltd 1968
. .
Lists of cited by and citing cases may be incomplete.
Utilities, Local Government
Updated: 21 August 2022; Ref: scu.421074
