| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 26 (Apr) |
| Neutral Citation: | [2012] EWHC 796 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Mrs Justice Slade DBE |
| Representation | Christopher Sharpe QC and Matthew White (instructed by Greenwoods) for TR. |
| Lord Faulks QC and Angus Piper (instructed by Veitch Penny Solicitors) for the authority. | |
| Judgment Dates: | 29 March 2012 |
Catchwords
Negligence - Highway - Duty of highway authority - Claimant being involved in road traffic accident - Whether authority in breach of duty to maintain road - Whether authority establishing defence - Whether claimant contributorily negligent - .
The Case
Negligence Highway. In considering the circumstances of a road traffic accident, the Queen's Bench Division held that the local highway authority had been in breach of their duty under s41 of the to maintain the relevant section of road and that the statutory defence under s58 of that Act had not been made out, nor was the claimant contributorily negligent.
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