Sumner v Colborne & Ors [2018] EWCA Civ 1006 (04 May 2018)

Sumner v Colborne & Ors [2018] EWCA Civ 1006 (04 May 2018)

No duty of care is owed by a highway authority or adjacent landowner to road users in respect of vegetation on land adjacent to the highway that impairs visibility, as the duty in negligence is limited to hazards on or over the highway. The imposition of such a duty would be unjustified, impractical, and unsupported by authority.

Citation
[2018] EWCA Civ 1006
Parties
Claimant: Roy Sumner; Defendant / Part 20 Claimant / Appellant: Michael Colborne; Part 20 Defendant / Respondent: Denbighshire County Council; Part 20 Defendant / Respondent: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
04 May 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Highway Authority Liability, Nuisance, Road Traffic Accident, Strike Out Applications
Tort Law Public Law Negligence Duty of Care Highway Authority Liability Nuisance Road Traffic Accident Strike Out Applications

Case Brief

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Parties

Roy Sumner

Claimant

Michael Colborne

Defendant / Part 20 Claimant / Appellant

Denbighshire County Council

Part 20 Defendant / Respondent

The Welsh Ministers

Part 20 Defendant / Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether a highway authority or adjacent landowner owes a duty of care to road users in respect of vegetation on land adjacent to the highway that impairs visibility.
  2. 2 Whether the judge erred in striking out the Part 20 claim against the Council and Welsh Ministers for lack of duty of care or causation.

Ratio Decidendi

No duty of care is owed by a highway authority or adjacent landowner to road users in respect of vegetation on land adjacent to the highway that impairs visibility, as the duty in negligence is limited to hazards on or over the highway. The imposition of such a duty would be unjustified, impractical, and unsupported by authority.

Court Disposition

Appeal dismissed

Orders

  • Strike-out of Part 20 claim against Denbighshire County Council and Welsh Ministers upheld
  • Judgment in favour of Denbighshire County Council and Welsh Ministers