Smithson v Lynn & Anor [2020] EWHC 2517 (QB) (16 October 2020)

Smithson v Lynn & Anor [2020] EWHC 2517 (QB) (16 October 2020)

The Second Defendant, North Yorkshire County Council, breached its statutory duty under s41(1A) of the Highways Act 1980 by failing to take reasonably practicable steps to ensure safe passage along Rascelf Road was not endangered by ice. The Council's reliance on an undocumented and unduly restrictive 'exceptional circumstances' test for ad hoc gritting requests was not justified by the evidence or the statutory standard. The burden of proving reasonable practicability lay with the Council, which failed to show that spot gritting was not reasonably practicable in light of multiple police reports and accidents. The causation argument failed as, on the balance of probabilities, proper...

Citation
[2020] EWHC 2517 (QB)
Parties
Claimant: Michael Smithson; First Defendant: Bradley Lynn; Second Defendant: North Yorkshire County Council
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Civil Contribution/indemnity Claim (road Traffic Accident) / High Court Trial Judgment
Outcome
Judgment for the First Defendant against the Second Defendant on the claim for contribution/indemnity.
Legal Topics
Highway Authority Liability, Statutory Duty Under Highways Act 1980, Reasonable Practicability, Contribution and Indemnity, Road Traffic Accident, Apportionment of Liability
Tort Law Public Law Highway Authority Liability Statutory Duty Under Highways Act 1980 Reasonable Practicability Contribution and Indemnity Road Traffic Accident Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Michael Smithson

Claimant

Bradley Lynn

First Defendant

North Yorkshire County Council

Second Defendant

Procedural Posture

Civil Contribution/indemnity Claim (road Traffic Accident) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Second Defendant breached its statutory duty under s41(1A) Highways Act 1980 to ensure, so far as is reasonably practicable, that safe passage along Rascelf Road was not endangered by ice
  2. 2 Whether the First Defendant is entitled to a contribution or indemnity from the Second Defendant under the Civil Liability (Contribution) Act 1978
  3. 3 Apportionment of liability between First and Second Defendants

Ratio Decidendi

The Second Defendant, North Yorkshire County Council, breached its statutory duty under s41(1A) of the Highways Act 1980 by failing to take reasonably practicable steps to ensure safe passage along Rascelf Road was not endangered by ice. The Council's reliance on an undocumented and unduly restrictive 'exceptional circumstances' test for ad hoc gritting requests was not justified by the evidence or the statutory standard. The burden of proving reasonable practicability lay with the Council, which failed to show that spot gritting was not reasonably practicable in light of multiple police reports and accidents. The causation argument failed as, on the balance of probabilities, proper...

Court Disposition

Judgment for the First Defendant against the Second Defendant on the claim for contribution/indemnity.

Orders

  • The Second Defendant is liable to the First Defendant for contribution/indemnity in respect of the damages paid to the Claimant.
  • Apportionment of liability to be determined in accordance with the court's findings (precise percentage not specified in the provided text).