Griffiths v Gwynedd County Council (Rev 1) [2015] EWCA Civ 1440 (22 October 2015)

Griffiths v Gwynedd County Council (Rev 1) [2015] EWCA Civ 1440 (22 October 2015)

The defect, being at the extreme edge of a remote rural road, visible for 21 metres, and not ordinarily traversed by cyclists, was not objectively dangerous in the sense required by section 41 of the Highways Act 1980; the judge was entitled to find that danger was not reasonably to be anticipated from its continued use by the public.

Citation
[2015] EWCA Civ 1440
Parties
Claimant/applicant: Melvyn Griffiths; Defendant/respondent: Gwynedd County Council
Jurisdiction
England and Wales
Judgment Date
22 October 2015
Procedural Posture
Civil Appeal / Appeal From Wrexham County and Family Court Decision
Outcome
Appeal dismissed
Legal Topics
Highway Maintenance Liability, Dangerousness of Highway Defects, Section 41 Highways Act 1980, Section 58 Highways Act 1980 Statutory Defence, Standard of Care for Highway Authorities, Contributory Negligence
Tort Law Public Law Highway Maintenance Liability Dangerousness of Highway Defects Section 41 Highways Act 1980 Section 58 Highways Act 1980 Statutory Defence Standard of Care for Highway Authorities Contributory Negligence

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Parties

Melvyn Griffiths

Claimant/applicant

Gwynedd County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Wrexham County and Family Court Decision

Legal Issues

  1. 1 Whether the defect in the road constituted a danger under section 41 of the Highways Act 1980
  2. 2 Whether the local authority breached its duty to maintain the highway
  3. 3 Whether the statutory defence under section 58 of the Highways Act 1980 was available

Ratio Decidendi

The defect, being at the extreme edge of a remote rural road, visible for 21 metres, and not ordinarily traversed by cyclists, was not objectively dangerous in the sense required by section 41 of the Highways Act 1980; the judge was entitled to find that danger was not reasonably to be anticipated from its continued use by the public.

Court Disposition

Appeal dismissed