Barlow v Wigan Council [2019] EWHC 1546 (QB) (19 June 2019)

Barlow v Wigan Council [2019] EWHC 1546 (QB) (19 June 2019)

A path constructed by a highway authority, which later becomes a highway by long usage, is maintainable at public expense under s36(2)(a) Highways Act 1980; intent to dedicate at the time of construction is not required, and the authority's capacity is irrelevant.

Citation
[2019] EWHC 1546
Parties
Claimant/appellant: Deborah Barlow; Defendant/respondent: Wigan Council
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Appeal / Post Trial, Liability Only; Remitted for Contributory Negligence and Quantum
Outcome
Appeal allowed; liability established against Wigan Council.
Legal Topics
Highways Maintainable at Public Expense, Duty to Maintain, Statutory Interpretation, Dedication by Long Usage, Occupiers Liability
Tort Public Law Highways Maintainable at Public Expense Duty to Maintain Statutory Interpretation Dedication by Long Usage Occupiers Liability

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Parties

Deborah Barlow

Claimant/appellant

Wigan Council

Defendant/respondent

Procedural Posture

Appeal / Post Trial, Liability Only; Remitted for Contributory Negligence and Quantum

Legal Issues

  1. 1 Whether a public path constructed by a highway authority but not originally dedicated as a highway is 'maintainable at public expense' under s36(2)(a) 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 authority acted affects liability

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) Highways Act 1980; intent to dedicate at the time of construction is not required, and the authority's capacity is irrelevant.

Court Disposition

Appeal allowed; liability established against Wigan Council.

Orders

  • Remitted to trial court for determination of contributory negligence and quantum.