| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 162 (Jan) |
| Neutral Citation: | [2011] EWCA Civ 207 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Lord Neuberger MR, Wilson and Toulson LJJ (judgment delivered extempore) |
| Representation | Ian Pennock (instructed by Wilkin Chapman LLP) for the claimant. |
| Patrick Limb QC (instructed by Berrymans Lace Mawer LLP) for the authority. | |
| Judgment Dates: | 18 January 2011 |
Catchwords
Highway - Maintenance - Negligence - Liability of highway authority - Special defence in action against highway authority for damages for non-repair of highway - Deputy district judge rejecting defence - Circuit judge reversing decision on appeal - Circuit judge taking account of financial considerations in respect of authority - Whether circuit judge erring - ss 41, 58.
The Case
Highway Maintenance. The Court of Appeal, Civil Division, held that the circuit judge had erred considering the financial resources of the highway authority in respect of a defence under s58 of the .
Practice Areas
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