1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The claimant, a fireman, sought damages for injuries suffered when he was injured answering a call out. He fell into a depressed area by the road side as he was pulling away a burning wooden pallet. Held: The appeal was dismissed. The court overturned a finding of dangerousness. Laws LJ stressed that the statutory highway … Continue reading Jones v Rhondda Cynon Taff County Borough Council: CA 15 Jul 2008
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:  EWHC 1767 (QB) Links: Bailii … Continue reading King Lifting Ltd v Oxfordshire County Council: QBD 20 Jul 2016
Appeal against refusal of claim against highway authority. The appellant was injured when her car crashed. A high volume of heavy goods vehicles had been using a local road, damaging the road and verges. Though the road was wide enough for her car to pass a lorry coming toward her, the appellant held to her … Continue reading Rance v Essex County Council: CA 21 Feb 1997
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:  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
The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating the effects of the 1870 Act. Held: The 1988 Act did not provide a full … Continue reading Roe v Sheffield City Council and others: CA 17 Jan 2003
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 of this kind there is an obligation on the plaintiff to … Continue reading Cross v Kirklees Metropolitan Borough Council: CA 27 Jun 1997
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001
A highway authority was not negligent or in breach of statutory duty when they inspected a roadway annually and responded to particular complaints. Ridge causing accident was common defect. Citations: Times 20-May-1998 Statutes: Highways Act 1980 41 Road Traffic Updated: 17 May 2022; Ref: scu.77741
The court considered the extent of defect in a highway needed to found a claim that it was dangerous. It emphasised that the duty must not be made too high, balancing the public need against the private interest.Steyn LJ said: ‘For my part I find it a sterile exercise to make a comparison between the … Continue reading Mills v Barnsley Borough Council: CA 1992
The clamant sought damages ahving been injured falling from a footbridge. Held: ‘The injuries were not caused by any failure to maintain the highway and the claimant’s claim under the 1980 Act fails. The claimant’s injuries were not the result of any failure by the defendant to take reasonable care to ensure that he was … Continue reading Singh v The City of Cardiff Council: QBD 23 Jun 2017
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 Council appealed against a finding of liability for injuries suffered by the claimant when slipping on moss on a footpath. Haddon-Cave J  EWHC 3330 (QB) Bailii Highways Act 1980 41 England and Wales Personal Injury Updated: 09 January 2022; Ref: scu.558748
The claimant was injured riding his bicycle, and alleged failure by the respondent highway authority. The court now considered an application for leave to appeal against an order allowing the production of evidence of an expert in cycling skills and safety. The claimant’s report had been served but remained sealed pending the outcome of the … Continue reading Allen v Cornwall Council: QBD 20 May 2015
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
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority’s negligence in failing to mark the road properly. A ‘Slow’ sign had become faded and had not been maintained.
Held: The judge had . .
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 . .
A council which failed to maintain a road ice free when they had decided on the need to prevent icing, and had had the opportunity to prevent it, but failed to take it, were in breach of statutory duty and liable for damages to driver of crashed . .
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 . .
The Court considered whether the second defendant highway authority were liable after two road accidents and warnings of dangerous conditions and a failure to grit the road. . .
The claimants sought a declaration that a path over neighbouring land was a public vehicular highway as recorded by the respondents, and not a footpath as asserted by the owners, and that gates over the path infringed the public rights. The council had served notices on the landowners to remove gates. Held: The status of … Continue reading Mear and others v Cambridgeshire County Council: ChD 20 Oct 2006
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004
The complainant has requested information relating to agreements and licences under sections 38, 177 and 278 of the Highways Act 1980. Liverpool City Council (‘the council’) responded by withholding the information under the exemption in the FOIA where the cost of compliance exceeds the appropriate limit. The Commissioner invited the council to reconsider the request … Continue reading Liverpool City Council (Decision Notice): ICO 9 May 2013
It was not unreasonable to require new traffic impact analysis before authorising highway improvement agreement after previous decision made by earlier authority was now five years old. Citations: Times 29-Apr-1998, Gazette 29-Apr-1998,  EWHC Admin 320 Links: Bailii Statutes: Highways Act 1980 278 Administrative Updated: 27 May 2022; Ref: scu.138441
‘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 … Continue reading Barker v Lancashire County Council: CA 23 May 2013
UTLC COMPENSATION – compulsory purchase – land on edge of village acquired for bypass – planning permission granted for residential development of retained land – whether highway objection to residential development in no-scheme world – whether residential planning permission would have been granted for the acquired land and the retained land in the no-scheme world … Continue reading Persimmon Homes (Midlands) Ltd and Others v Secretary of State for Transport: UTLC 22 Dec 2009
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
Obstruction of Highway – Highway not clear The apellant protesters had been convicted of obstructing the highway by affixing themselves to a fence by a roadway by the Atomic Weapons Establishment. They argued that the road was not a highway and that any obstruction was de minimis. In particular, a green line presumed to indicate … Continue reading Carter-Brown and Others v Crown Prosecution Service: QBD 31 Jul 2017
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant said the finding of fact was perverse. Held: There was clear … Continue reading Ernstbrunner v Manchester City Council and Another: Admn 16 Dec 2009
Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020
The claimant sought a declaration that the caution registered by the defendant should be vacated. The defendant asserted acquisition by prescription either of an easement or of the land itself. They had parked vehicles on the land.
Held: . .
The claimant had tripped on a footpath on a housing estate. There was a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were both the local housing authority and . .
The natural overgrowing of a bridleway could not be said to make it in need of repair, but might still allow the requirement of its removal. . .
Appeal against refusal to confirm footpath diversion order. . .
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 . .
N objected to the reclassification of a public footpath over his farm as a byway open to all traffic, saying that there had been insufficient evidence to establish a dedication at common law.
Held: N’s appeal failed. ‘A track can become a . .
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 . .
Mr Gulliksen was walking on a footpath on a housing estate to the house of a friend. He had an accident at a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were . .
Responsibility for personal injury after trip over a tree root on a path in a park owned and maintained by the Council. The Court was now asked whether the public footpath was a highway under the 1980 Act for which the council was responsible for . .
Application for leave to appeal – interaction of planning system and section 278. . .
‘ proper interpretation of section 119(6) of the Highways Act 1980 (‘the 1980 Act’) which deals with the process for confirmation of an order diverting the line of a public footpath, bridleway or restricted byway.’ . .