Clark v London Borough of Havering & Anor

Clark v London Borough of Havering & Anor

The highway authority did not owe a common law duty to cut the grass, and the statutory duty under section 41 was breached only by the presence of the uncovered stopcock, not by the length of the grass. The authority's system of inspection was reasonable, and the statutory defence under section 58 was established, so the claim against the appellant must be dismissed.

Parties
Claimant: Clark; First Defendant/appellant: London Borough of Havering; Second Defendant/respondent: Another (Second Defendant/Respondent)
Jurisdiction
England and Wales
Judgment Date
18 October 2007
Procedural Posture
Appeal / Judgment on Appeal Against Liability Decision
Outcome
Appeal allowed; claim against appellant dismissed.
Legal Topics
Highway Maintenance, Negligence, Statutory Defence, Duty of Care
Tort Statutory Duty Highway Maintenance Negligence Statutory Defence Duty of Care

Case Brief

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Parties

Clark

Claimant

London Borough of Havering

First Defendant/appellant

Another (Second Defendant/Respondent)

Second Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Liability Decision

Legal Issues

  1. 1 Whether the highway authority owed a common law duty of care to cut grass on the verge
  2. 2 Whether the highway authority breached its statutory duty under section 41 of the Highways Act 1980
  3. 3 Whether the highway authority could rely on the statutory defence under section 58 of the Highways Act 1980

Ratio Decidendi

The highway authority did not owe a common law duty to cut the grass, and the statutory duty under section 41 was breached only by the presence of the uncovered stopcock, not by the length of the grass. The authority's system of inspection was reasonable, and the statutory defence under section 58 was established, so the claim against the appellant must be dismissed.

Court Disposition

Appeal allowed; claim against appellant dismissed.

Orders

  • Judgment dismissing the claim against the appellant (London Borough of Havering)