Braithwaite v London Borough of Lewisham (Rev1) [2025] EWHC 782 (KB) (02 April 2025)

Braithwaite v London Borough of Lewisham (Rev1) [2025] EWHC 782 (KB) (02 April 2025)

The build-out did not constitute a real source of danger or a trap for reasonably careful or less careful motorcyclists; the accident was caused by the Appellant's excessive speed and inattention; there was no breach of common law or statutory duty by the Highway Authority; subsequent changes to the junction layout are not evidence of prior breach.

Citation
[2025] EWHC 782 (KB)
Parties
Claimant/appellant: Sebastian Braithwaite; Defendant/respondent: London Borough of Lewisham
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
Personal Injury Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Highway Authority Liability, Negligence, Duty of Care, Section 41 Highways Act 1980, Contributory Negligence
Tort Law Personal Injury Administrative Law Highway Authority Liability Negligence Duty of Care Section 41 Highways Act 1980 Contributory Negligence

Case Brief

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Parties

Sebastian Braithwaite

Claimant/appellant

London Borough of Lewisham

Defendant/respondent

Procedural Posture

Personal Injury Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the build-out constituted a dangerous hazard or trap for motorcyclists under common law and section 41 of the Highways Act 1980
  2. 2 Whether the Highway Authority breached its duty of care to road users, including less careful users
  3. 3 Whether the absence of bollards and faded road markings amounted to a breach of statutory duty

Ratio Decidendi

The build-out did not constitute a real source of danger or a trap for reasonably careful or less careful motorcyclists; the accident was caused by the Appellant's excessive speed and inattention; there was no breach of common law or statutory duty by the Highway Authority; subsequent changes to the junction layout are not evidence of prior breach.

Court Disposition

Appeal dismissed