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 transient surface-lying vegetation from highways, as such materials do not become part of the fabric of the highway nor render it out of repair. The trial judge erred in law by holding otherwise.

Citation
[2015] EWHC 3330 (QB)
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 (queen's Bench Division)
Outcome
Appeal allowed; claim against Council dismissed
Legal Topics
Highways Maintenance, Statutory Duty Under Highways Act 1980 S.41, Personal Injury Liability, Contributory Negligence, Scope of Public Authority Duties
Tort Law Administrative Law Statutory Interpretation Highways Maintenance Statutory Duty Under Highways Act 1980 S.41 Personal Injury Liability Contributory Negligence Scope of Public Authority Duties

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 (queen's Bench Division)

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 by extending the duty to removal of moss?
  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 transient surface-lying vegetation from highways, as such materials do not become part of the fabric of the highway nor render it out of repair. The trial judge erred in law by 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 similar vegetation on highways
  • No order for damages to claimant