Roe v Sheffield City Council & Ors

Roe v Sheffield City Council & Ors

A private law cause of action arises from breaches of sections 25 and 28 of the Tramways Act 1870 (as incorporated in the 1988 Act). The obligation under section 25 is not absolute but requires the rail to be as level as can be achieved within the limits of current technology and materials. Section 15 of the 1988 Act does not permanently displace the duty of the highway authority under section 41 of the Highways Act 1980; concurrent duties may exist. The appeal and cross-appeal are allowed in part, with issues of liability and apportionment remitted for further consideration.

Parties
Claimant/respondent: William Roe (a Patient who sues by his Next Friend Miss Julie Jones); 1st Defendant/respondent: Sheffield City Council; 2nd Defendant/appellant: South Yorkshire Light Rail Limited; 2nd Defendant/appellant: South Yorkshire Supertram Limited; 3rd Defendant: Balfour Beatty Power Construction Limited; 4th Defendant: Turner and Townsend Project Management Limited; 5th Defendant: Kennedy and Donkin Transportation Limited; 6th Defendant/7th Defendant: The Health and Safety Executive (originally sued as Her Majesty’s Railway Inspectorate); Intervener: Secretary of State for Transport (Interested Party)
Jurisdiction
England and Wales
Judgment Date
17 January 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; cross-appeal allowed by a majority; issues remitted for further consideration.
Legal Topics
Breach of Statutory Duty, Negligence, Nuisance, Highway Maintenance, Tramways Act 1870, South Yorkshire Light Rail Transit Act 1988, Highways Act 1980
Tort Law Statutory Interpretation Public Law Breach of Statutory Duty Negligence Nuisance Highway Maintenance Tramways Act 1870 +2 more

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Parties

William Roe (a Patient who sues by his Next Friend Miss Julie Jones)

Claimant/respondent

Sheffield City Council

1st Defendant/respondent

South Yorkshire Light Rail Limited

2nd Defendant/appellant

South Yorkshire Supertram Limited

2nd Defendant/appellant

Balfour Beatty Power Construction Limited

3rd Defendant

Turner and Townsend Project Management Limited

4th Defendant

Kennedy and Donkin Transportation Limited

5th Defendant

The Health and Safety Executive (originally sued as Her Majesty’s Railway Inspectorate)

6th Defendant/7th Defendant

Secretary of State for Transport (Interested Party)

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does a breach of sections 25 or 28 of the Tramways Act 1870 (as incorporated in the 1988 Act) give rise to a private law cause of action?
  2. 2 What is the correct construction of 'on a level with' in section 25 of the 1870 Act?
  3. 3 Does section 15 of the 1988 Act displace the duty of the highway authority under section 41 of the Highways Act 1980?

Ratio Decidendi

A private law cause of action arises from breaches of sections 25 and 28 of the Tramways Act 1870 (as incorporated in the 1988 Act). The obligation under section 25 is not absolute but requires the rail to be as level as can be achieved within the limits of current technology and materials. Section 15 of the 1988 Act does not permanently displace the duty of the highway authority under section 41 of the Highways Act 1980; concurrent duties may exist. The appeal and cross-appeal are allowed in part, with issues of liability and apportionment remitted for further consideration.

Court Disposition

Appeal allowed in part; cross-appeal allowed by a majority; issues remitted for further consideration.

Orders

  • Costs of the Claimant and 1st Defendant on the actionability issue to be met by the 2nd Defendant.
  • No order as to costs on the section 25 issue.