Source: All England Reporter
Publisher Citation: [2012] All ER (D) 142 (Apr)
Neutral Citation: [2012] EWCA Civ 493
Court: Court of Appeal, Civil Division
Judge:

Longmore, Kitchin LJJ and Sir Mark Waller
Representation 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.
Judgment Dates: 26 April 2012

Catchwords

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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • Cases related to this particular case that are related to, or discuss this caseView related cases