||All England Reporter
|| All ER (D) 369 (Oct)
|| EWCA Civ 1418
||Court of Appeal, Civil Division
Buxton, Sedley and Dyson LJJ
||Paul Darling QC and Jonathan Lee (instructed by Gisby Harrison) for the claimant.
||Jeremy Cousins QC and NDP Mendoza (instructed by Ward Hathaway) for the defendant.
||31 October 2006
Highway - Street - Street works - Entitlement to compensation - Negligence or misconduct of party seeking compensation - Dispute resolution - Relevant considerations - , ss 69(1), 82.
In all the circumstances, the judge's findings that damage to the claimant's ducting was not attributable to its own negligence or misconduct in laying that ducting could not be impugned. Accordingly, the defendant could not avail of the defence in s82(4) of the to avoid liability for damage to the claimant's ducting. The court went on to give guidance on the application of the statutory scheme in practice and suggested a procedure by which disputes between the parties could be resolved in the future.
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