Rollinson v Dudley Metropolitan Borough Council [2015] EWHC 3330 (QB) (17 November 2015)

Rollinson v Dudley Metropolitan Borough Council [2015] EWHC 3330 (QB) (17 November 2015)

The statutory duty under s.41(1) of the Highways Act 1980 does not extend to the removal of moss, algae, or similar vegetation from the surface of highways, as such material is transient, does not cause material disturbance or damage, and does not become part of the fabric of the highway. The trial judge erred in law in holding otherwise.

Citation
[2015] EWHC 3330
Parties
Claimant/respondent: Mr Craig Rollinson; Defendant/appellant: Dudley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Personal Injury Claim Under Statutory Duty / Appeal From County Court to High Court
Outcome
Appeal allowed; claim against Council dismissed
Legal Topics
Highways Maintenance, Statutory Duty of Care, Personal Injury, Contributory Negligence
Tort Law Administrative Law Highways Maintenance Statutory Duty of Care Personal Injury Contributory Negligence

Case Brief

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Parties

Mr Craig Rollinson

Claimant/respondent

Dudley Metropolitan Borough Council

Defendant/appellant

Procedural Posture

Personal Injury Claim Under Statutory Duty / Appeal From County Court to High Court

Legal Issues

  1. 1 Does the statutory duty under s.41(1) of the Highways Act 1980 require highway authorities to remove moss, algae, or similar vegetation from highways?
  2. 2 Did the trial judge err in law in finding such a duty?
  3. 3 Was there sufficient evidence that moss had become part of the fabric of the highway?

Ratio Decidendi

The statutory duty under s.41(1) of the Highways Act 1980 does not extend to the removal of moss, algae, or similar vegetation from the surface of highways, as such material is transient, does not cause material disturbance or damage, and does not become part of the fabric of the highway. The trial judge erred in law in holding otherwise.

Court Disposition

Appeal allowed; claim against Council dismissed

Orders

  • Judgment for the Council; no liability under s.41(1) for moss, algae, or lichen on highways
  • No order for damages to claimant