Cenet (nee McGlennon) v Wirral Metropolitan Borough Council [2008] EWHC 1407 (QB) (26 June 2008)

Cenet (nee McGlennon) v Wirral Metropolitan Borough Council [2008] EWHC 1407 (QB) (26 June 2008)

The trial judge erred by applying pavement standards to a defect that was part of the carriageway, placing undue emphasis on pedestrian use, and thus wrongly found the area dangerous under Section 41 of the Highways Act 1980. Applying the correct standard, the defect was not a real source of danger and the defendant was not in breach of duty.

Citation
[2008] EWHC 1407
Parties
Claimant/respondent: Jeanette Cenet (nee McGlennon); Defendant/applicant: Wirral Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
26 June 2008
Procedural Posture
Personal Injury/highway Tripping Accident / Appeal—application for Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed
Legal Topics
Highway Maintenance Liability, Contributory Negligence, Statutory Duty Under Highways Act 1980, Dangerousness of Highway Defects, Credibility of Witnesses, Standard of Care for Highway Authorities
Tort Law Personal Injury Local Government Law Highway Maintenance Liability Contributory Negligence Statutory Duty Under Highways Act 1980 Dangerousness of Highway Defects Credibility of Witnesses +1 more

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Parties

Jeanette Cenet (nee McGlennon)

Claimant/respondent

Wirral Metropolitan Borough Council

Defendant/applicant

Procedural Posture

Personal Injury/highway Tripping Accident / Appeal—application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the claimant suffered an accident as alleged
  2. 2 Whether the defect constituted a dangerous defect under Section 41 of the Highways Act 1980
  3. 3 Whether the defendant had a statutory defence under Section 58 of the Highways Act 1980

Ratio Decidendi

The trial judge erred by applying pavement standards to a defect that was part of the carriageway, placing undue emphasis on pedestrian use, and thus wrongly found the area dangerous under Section 41 of the Highways Act 1980. Applying the correct standard, the defect was not a real source of danger and the defendant was not in breach of duty.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Judgment for claimant set aside