Barlow v Wigan Council

Barlow v Wigan Council

A path constructed by a highway authority which later becomes a highway by long usage is maintainable at public expense under s36(2)(a) of the Highways Act 1980; intent to dedicate at the time of construction is not required, nor is the authority's capacity determinative.

Parties
Claimant/appellant: Deborah Barlow; Defendant/respondent: Wigan Council
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Liability
Outcome
Appeal allowed
Legal Topics
Highway Maintainability, Duty to Maintain, Statutory Interpretation, Occupiers Liability, Retrospectivity
Tort Public Law Highway Maintainability Duty to Maintain Statutory Interpretation Occupiers Liability Retrospectivity

Case Brief

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Parties

Deborah Barlow

Claimant/appellant

Wigan Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Liability

Legal Issues

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

Ratio Decidendi

A path constructed by a highway authority which later becomes a highway by long usage is maintainable at public expense under s36(2)(a) of the Highways Act 1980; intent to dedicate at the time of construction is not required, nor is the authority's capacity determinative.

Court Disposition

Appeal allowed

Orders

  • Liability established against Wigan Council under s36(2)(a) Highways Act 1980
  • Case remitted for determination of contributory negligence and quantum