References: Times 16-May-2002, Gazette 30-May-2002, [2002] EWCA Civ 595, [2002] RTR 446
Links: Bailii
Coram: Lord Justice Potter, Lord Justice May and Sir Murray Stuart-Smith
Ratio: 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 failed to apply the Lavis case, which had held that such omissions were not a duty imposed on the authority under the 1980 Act, and accordingly they were not negligent for having failed to do so. There were not such exceptional circumstances as would be needed to find such a duty. The sign would have been ‘no more than a warning of the need to do that which should have been obvious to her in any event as she drove up from the dip.’
Statutes: Highways Act 1980 41, Road Traffic Act 1988 39
Jurisdiction: England and Wales
This case cites:
- Applied – Lavis v Kent County Council QBD (Times 24-Nov-94, (1992) 90 LGR 416, [1993] CLY 2949)
The plaintiff had received serious injuries whilst riding his motor cycle at a road junction for which the defendants were responsible. He alleged that they were liable to him for failing to ensure that proper warning signs were placed at the . . - Cited – Larner v Solihull Metropolitan Borough Council CA (Times 06-Feb-01, Gazette 22-Feb-01, (2001) RTR 469, Bailii, [2000] EWCA Civ 359)
The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not . .
(This list may be incomplete)
This case is cited by:
- Appeal from – Gorringe v Calderdale Metropolitan Borough Council HL (HL, [2004] UKHL 15, Bailii, Times 02-Apr-04, [2004] 1 WLR 1057, [2004] RTR 27, [2004] 2 All ER 326)
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 . .
(This list may be incomplete)
Last Update: 13 November 2018
Ref: 171183
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