||All England Reporter
|| All ER (D) 140 (Feb)
|| EWCA Civ 71
||Court of Appeal, Civil Division
Arden and Wilson LJJ and Henderson J
||Derek Sweeting QC and Adam Clemens (instructed by Russell-Cooke LLP) for the claimant.
||Edward Faulks QC and John Norman (instructed by Barlow Lyde and Gilbert LLP) for the highway authority.
||12 February 2010
Road accident - Generally - Maintenance of highway - Claimant driver having car accident and suffering serious neurological and orthopaedic injuries - Claimant bringing proceedings against defendant highway authority - Judge finding authority guilty of failing to maintain highway and rejecting its defence - Whether judge erring - ss 41, 58.
Road accident Generally. The Court of Appeal, Civil Division, held that the judge had not erred in finding that the highway authority had failed to maintain the highway pursuant to s41(1) of the (the 1980 Act) where the claimant had had a road traffic accident. In addition, the judge had not erred in rejecting the authority's defence pursuant to s58 of the 1980 Act in the light of the fact that the authority carried out works on the highway after the accident.
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