References: [2016] EWHC 1767 (QB)
Links: Bailii
Coram: Reddihough HHJ
Ratio: 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.
Statutes: Highways Act 1980 41(1) 58(2) 329(1)
Jurisdiction: England and Wales
This case cites:
- Cited – West Sussex County Council v Russell CA (Bailii, [2010] EWCA Civ 71, [2010] RTR 19)
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 . . - Cited – Goodes v East Sussex County Council HL (Times 16-Jun-00, House of Lords, Gazette 29-Jun-00, House of Lords, House of Lords, Bailii, [2000] UKHL 34, [2000] 3 All ER 603, [2000] 1 WLR 1356)
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 . . - Cited – Rider v Rider CA ([1973] 1 QB 505, [1973] RTR 178)
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 . .
(This list may be incomplete)
Last Update: 21 August 2019
Ref: 567639
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