Source: All England Reporter
Publisher Citation: [2006] All ER (D) 369 (Oct)
Neutral Citation: [2006] EWCA Civ 1418
Court: Court of Appeal, Civil Division
Judge:

Buxton, Sedley and Dyson LJJ

Representation 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.
Judgment Dates: 31 October 2006

Catchwords

Highway - Street - Street works - Entitlement to compensation - Negligence or misconduct of party seeking compensation - Dispute resolution - Relevant considerations - , ss 69(1), 82.

The Case

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.

Practice Areas

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