AC & Anor v TR & Anor [2012] EWHC 796 (QB) (29 March 2012)

AC & Anor v TR & Anor [2012] EWHC 796 (QB) (29 March 2012)

Devon County Council breached its statutory duty under Section 41 by failing to maintain the highway, as the defect (potholed area and overriding damage) constituted a danger to traffic and was not addressed in accordance with its own categorisation and the Code of Practice. Devon's inspection regime (six monthly) was inadequate and not justified by proper risk assessment or documented reasoning. The statutory defence under Section 58 was not made out, as Devon did not take reasonable care in all circumstances. The defect was causative of the accident. TR was not contributorily negligent; driving onto the white edge line was not negligent in the circumstances, and his steering response...

Citation
[2012] EWHC 796
Parties
First Claimant: AC; Second Claimant: DC; Defendant and Part 20 Claimant: TR; Part 20 Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Part 20 Claim (third Party Proceedings) / Liability Trial
Outcome
Devon County Council found liable for breach of statutory duty under Section 41; statutory defence under Section 58 not established; TR not contributorily negligent.
Legal Topics
Highway Authority Liability, Road Traffic Accident, Negligence, Statutory Defence, Contributory Negligence
Tort Statutory Duty Personal Injury Highway Authority Liability Road Traffic Accident Negligence Statutory Defence Contributory Negligence

Case Brief

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Parties

AC

First Claimant

DC

Second Claimant

TR

Defendant and Part 20 Claimant

Devon County Council

Part 20 Defendant

Procedural Posture

Part 20 Claim (third Party Proceedings) / Liability Trial

Legal Issues

  1. 1 Whether Devon County Council breached its statutory duty under Section 41 of the Highways Act 1980 to maintain the highway
  2. 2 Whether Devon County Council can rely on the statutory defence under Section 58 of the Highways Act 1980
  3. 3 Whether the defect in the road constituted a danger to traffic

Ratio Decidendi

Devon County Council breached its statutory duty under Section 41 by failing to maintain the highway, as the defect (potholed area and overriding damage) constituted a danger to traffic and was not addressed in accordance with its own categorisation and the Code of Practice. Devon's inspection regime (six monthly) was inadequate and not justified by proper risk assessment or documented reasoning. The statutory defence under Section 58 was not made out, as Devon did not take reasonable care in all circumstances. The defect was causative of the accident. TR was not contributorily negligent; driving onto the white edge line was not negligent in the circumstances, and his steering response...

Court Disposition

Devon County Council found liable for breach of statutory duty under Section 41; statutory defence under Section 58 not established; TR not contributorily negligent.

Orders

  • Devon County Council to pay damages to TR (quantum to be determined in subsequent proceedings)
  • Anonymity orders continued for claimants