Calderdale Metropolitan Borough Council v Gorringe [2002] EWCA Civ 595 (2nd May, 2002)

Calderdale Metropolitan Borough Council v Gorringe [2002] EWCA Civ 595 (2nd May, 2002)

The council was not in breach of its statutory duty under s.41 Highways Act 1980 for failing to repaint 'SLOW' markings, as the duty does not extend to signage or road markings. The council's common law duty under s.39 Road Traffic Act 1988 was not breached, as its actions fell within the ambit of discretion afforded by statute and policy prioritisation. The claimant was not contributorily negligent, as she lacked sufficient warning of the hazard and was unfamiliar with the road.

Citation
[2002] EWCA Civ 595
Parties
Appellant/defendant: Calderdale Metropolitan Borough Council; Respondent/claimant: Denise Gorringe (by her litigation friend June Elizabeth Todd)
Jurisdiction
England and Wales
Procedural Posture
Appeal From High Court (queen’s Bench Division) / Judgment on Appeal
Outcome
Appeal allowed; judgment for claimant set aside
Legal Topics
Highway Authority Liability, Statutory Duty Under Highways Act 1980 S.41, Common Law Duty Under Road Traffic Act 1988 S.39, Negligence, Contributory Negligence
Tort Administrative Law Highway Authority Liability Statutory Duty Under Highways Act 1980 S.41 Common Law Duty Under Road Traffic Act 1988 S.39 Negligence Contributory Negligence

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Parties

Calderdale Metropolitan Borough Council

Appellant/defendant

Denise Gorringe (by her litigation friend June Elizabeth Todd)

Respondent/claimant

Procedural Posture

Appeal From High Court (queen’s Bench Division) / Judgment on Appeal

Legal Issues

  1. 1 Whether the council breached its statutory duty under s.41 Highways Act 1980 by failing to maintain 'SLOW' road markings
  2. 2 Whether the council breached its common law duty parasitic on s.39 Road Traffic Act 1988 by failing to implement adequate road safety measures
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

The council was not in breach of its statutory duty under s.41 Highways Act 1980 for failing to repaint 'SLOW' markings, as the duty does not extend to signage or road markings. The council's common law duty under s.39 Road Traffic Act 1988 was not breached, as its actions fell within the ambit of discretion afforded by statute and policy prioritisation. The claimant was not contributorily negligent, as she lacked sufficient warning of the hazard and was unfamiliar with the road.

Court Disposition

Appeal allowed; judgment for claimant set aside

Orders

  • No liability found against council under s.41 Highways Act 1980
  • No liability found against council under common law duty parasitic on s.39 Road Traffic Act 1988