Sumner v Colborne & Ors

Sumner v Colborne & Ors

Owners of land adjacent to the highway, including highway authorities, do not owe a duty of care to highway users in respect of vegetation on their land that impairs visibility unless the hazard is created on the highway itself. The imposition of such a duty would be unjust, unfair, and unreasonable, and is not supported by precedent or policy.

Parties
Claimant: Roy Sumner; Defendant / Part 20 Claimant / Appellant: Michael Colborne; Part 20 Defendant / Respondent: Denbighshire County Council; Part 20 Defendant / Respondent: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
04 May 2018
Procedural Posture
Civil Appeal / Appeal From Summary Judgment / Strike Out
Outcome
Appeal dismissed
Legal Topics
Duty of Care, Liability of Highway Authorities, Visibility Hazards, Road Traffic Accidents, Negligent Exercise of Statutory Powers
Tort Law Negligence Duty of Care Liability of Highway Authorities Visibility Hazards Road Traffic Accidents Negligent Exercise of Statutory Powers

Case Brief

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Parties

Roy Sumner

Claimant

Michael Colborne

Defendant / Part 20 Claimant / Appellant

Denbighshire County Council

Part 20 Defendant / Respondent

The Welsh Ministers

Part 20 Defendant / Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment / Strike Out

Legal Issues

  1. 1 Whether highway authorities or adjacent landowners owe a duty of care to highway users regarding vegetation on land adjacent to the highway that impairs visibility
  2. 2 Whether a small amount of vegetation on or over the highway was causative of the accident

Ratio Decidendi

Owners of land adjacent to the highway, including highway authorities, do not owe a duty of care to highway users in respect of vegetation on their land that impairs visibility unless the hazard is created on the highway itself. The imposition of such a duty would be unjust, unfair, and unreasonable, and is not supported by precedent or policy.

Court Disposition

Appeal dismissed

Orders

  • Strike-out and summary judgment in favour of Denbighshire County Council and the Welsh Ministers upheld
  • No duty of care found in respect of vegetation on adjacent land