Walsh v The Council of The Borough of Kirklees: QBD 5 Mar 2019

No demonstrable error of assessment – no appeal

The claimant cyclist appealed from refusal of damages after being thrown from her bike on hitting a pothole in the road. The court had found it unproven that the pothole was dangerous.
Held: The evidence had been difficult. The court noted repeated advice that findings of fact by judges should be set aside only in the case of a demonstrable failure, and ‘It is apparent that the judge took careful note of all the relevant evidence and placed considerable reliance on the evidence of the inspectors when making the finding of fact that Ms Walsh had not proved that the pothole presented a relevant danger. All of this was a question of fact for the judge. There was, in my judgment, no justiciable error of approach which would permit me to set aside the finding that was made by the judge.’

[2019] EWHC 492 (QB)
Highway Act 1980 41
England and Wales
CitedMorton v Wheeler CA 31-Jan-1956
Sharp spikes by the side of a highway were said to be a nuisance. Lord Denning MR said: ‘As all lawyers know, the tort of public nuisance is a curious mixture. It covers a multitude of sins. We are concerned to-day with only one of them, namely, a . .
CitedRider v Rider CA 1973
The plaintiff was a passenger in a car which her husband was driving and which collided with a van. The husband had been driving too fast. The edge of the tarmac on the road abutted grass verges at a lower level and the edge had been inadequately . .
CitedMills v Barnsley Borough Council CA 1992
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 . .
CitedMcGraddie v McGraddie and Another (Scotland) SC 31-Jul-2013
The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his . .
CitedFage UK Ltd and Another v Chobani UK Ltd and Another CA 28-Jan-2014
Lewison LJ said: ‘Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to . .
CitedHenderson v Foxworth Investments Limited and Another SC 2-Jul-2014
It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator.
Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Land

Updated: 01 November 2021; Ref: scu.634235