The claimant sought damages after a car skidded on the road, and she was injured. She said the respondent was in breach of their statutory duty in having failed to clear the road. The authority said it had taken the appropriate steps to clear up the spillage, and that the accident was a result of the claimant driving too quickly. An employee of the respondent had spread the sand, but also had materials for the clearing up of oil which he had not used. This came up only after he had completed his evidence. The respondent objected to thie admission of this evidence, and then asked the judge to recuse herself. She had ordered a retrial.
Held: there had been no impropriety. The case was remitted to the same judge for the hearing to be completed.
[1996] EWCA Civ 688
Highways Act 1980
England and Wales
Updated: 12 April 2021; Ref: scu.140555 br>
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