Smithson v Lynn & Anor

Smithson v Lynn & Anor

North Yorkshire County Council breached its statutory duty under s41(1A) Highways Act 1980 by applying an unduly restrictive 'exceptional circumstances' test to ad hoc gritting requests, failing to act on police reports of treacherous conditions and accidents. The burden of proving reasonable practicability lay with the Council, which failed to demonstrate that spot gritting was not feasible. The First Defendant was also negligent for driving too fast in foreseeable icy conditions. Liability was apportioned two-thirds to the Second Defendant and one-third to the First Defendant.

Parties
Claimant: Michael Smithson; First Defendant: Bradley Lynn; Second Defendant: North Yorkshire County Council
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Civil / Judgment After Trial
Outcome
Liability apportioned; Second Defendant found in breach of statutory duty; First Defendant found negligent.
Legal Topics
Highways Liability, Contribution, Indemnity, Road Traffic Accident, Winter Road Maintenance
Tort Statutory Duty Highways Liability Contribution Indemnity Road Traffic Accident Winter Road Maintenance

Case Brief

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Parties

Michael Smithson

Claimant

Bradley Lynn

First Defendant

North Yorkshire County Council

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether North Yorkshire County Council breached statutory duty under s41(1A) Highways Act 1980 by failing to grit Rascelf Road after police requests
  2. 2 Whether First Defendant is entitled to indemnity or contribution from Second Defendant
  3. 3 Apportionment of liability between First and Second Defendants

Ratio Decidendi

North Yorkshire County Council breached its statutory duty under s41(1A) Highways Act 1980 by applying an unduly restrictive 'exceptional circumstances' test to ad hoc gritting requests, failing to act on police reports of treacherous conditions and accidents. The burden of proving reasonable practicability lay with the Council, which failed to demonstrate that spot gritting was not feasible. The First Defendant was also negligent for driving too fast in foreseeable icy conditions. Liability was apportioned two-thirds to the Second Defendant and one-third to the First Defendant.

Court Disposition

Liability apportioned; Second Defendant found in breach of statutory duty; First Defendant found negligent.

Orders

  • Second Defendant liable for two-thirds of damages; First Defendant liable for one-third.
  • If parties agree on consequential directions, attendance at remote hearing excused.