Barlow v Wigan Council [2019] EWHC 1546 (QB) (19 June 2019)

Barlow v Wigan Council [2019] EWHC 1546 (QB) (19 June 2019)

A path constructed by a highway authority that later becomes a highway by long usage is maintainable at public expense under s36(2)(a) Highways Act 1980; intent to dedicate at construction and the authority's capacity are irrelevant.

Citation
[2019] EWHC 1546 (QB)
Parties
Claimant/appellant: Deborah Barlow; Defendant/respondent: Wigan Council
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Appeal / Post Liability Trial, Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Highway Maintainability, Duty to Maintain, Statutory Interpretation, Public Authority Liability
Tort Law Public Law Highway Maintainability Duty to Maintain Statutory Interpretation Public Authority Liability

Case Brief

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Parties

Deborah Barlow

Claimant/appellant

Wigan Council

Defendant/respondent

Procedural Posture

Appeal / Post Liability Trial, Appeal From County Court Decision

Legal Issues

  1. 1 Whether the Path in Abram Park was a highway maintainable at public expense under s36(2)(a) Highways Act 1980
  2. 2 Whether intent to dedicate as highway at time of construction is required
  3. 3 Whether capacity in which local authority acted affects maintainability

Ratio Decidendi

A path constructed by a highway authority that later becomes a highway by long usage is maintainable at public expense under s36(2)(a) Highways Act 1980; intent to dedicate at construction and the authority's capacity are irrelevant.

Court Disposition

Appeal allowed

Orders

  • Case remitted for determination of contributory negligence and quantum