||All England Reporter
|| All ER (D) 142 (Apr)
|| EWCA Civ 493
||Court of Appeal, Civil Division
Longmore, Kitchin LJJ and Sir Mark Waller
||Simon Browne QC and Anthony Jounson (instructed by The Compensation Clinic) for the claimant.
||James Dingemans QC and James Hawkins (instructed by Berrymans Lace Mawer LLP) for the authority.
||26 April 2012
Negligence - Highway - Duty of highway authority - Claimant tripping over manhole cover which protruded above pavement - Claimant claiming damages for personal injury - Trial judge finding in favour of claimant on evidence of witnesses - Appeal judge overturning decision of trial judge - Appeal judge purporting to exercise discretion - Whether appeal judge entitled to overturn trial judge's findings of fact or of inference.
Negligence Highway. The Court of Appeal, Civil Division, held that whilst an appeal judge had erred in his approach in determining the matter under appeal, he had been right in his ultimate conclusion that the defendant local authority had not been liable for a tripping injury sustained by the claimant.
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