Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 (01 June 2020)

Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 (01 June 2020)

The path in Abram Park was not constructed by the local authority in its capacity as a highway authority, so s 36(2)(a) of the Highways Act 1980 does not apply. However, on the evidence, the path was dedicated as a highway at common law before 16 December 1949 due to long, unrestricted public use, making it repairable by the inhabitants at large and thus maintainable at public expense under s 36(1). The claimant succeeds on this alternative ground.

Citation
[2020] EWCA Civ 696
Parties
Claimant/respondent: Deborah Barlow; Defendant/appellant: Wigan Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
01 June 2020
Procedural Posture
Personal Injury Liability Claim (trip and Fall in Public Park) / Appeal From High Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed; cross-appeal allowed on alternative ground.
Legal Topics
Occupiers' Liability, Highways Maintainable at Public Expense, Dedication of Highways, Statutory Duty Under Highways Act 1980, Common Law Dedication, Retrospective Effect of Statutes
Tort Law Public Law Statutory Interpretation Occupiers' Liability Highways Maintainable at Public Expense Dedication of Highways Statutory Duty Under Highways Act 1980 Common Law Dedication +1 more

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Parties

Deborah Barlow

Claimant/respondent

Wigan Metropolitan Borough Council

Defendant/appellant

Procedural Posture

Personal Injury Liability Claim (trip and Fall in Public Park) / Appeal From High Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the path in Abram Park was a highway maintainable at public expense under s 36(2)(a) or s 36(1) of the Highways Act 1980
  2. 2 Whether the local authority constructed the path in its capacity as a highway authority
  3. 3 Whether the path was dedicated as a highway before 16 December 1949

Ratio Decidendi

The path in Abram Park was not constructed by the local authority in its capacity as a highway authority, so s 36(2)(a) of the Highways Act 1980 does not apply. However, on the evidence, the path was dedicated as a highway at common law before 16 December 1949 due to long, unrestricted public use, making it repairable by the inhabitants at large and thus maintainable at public expense under s 36(1). The claimant succeeds on this alternative ground.

Court Disposition

Appeal dismissed; cross-appeal allowed on alternative ground.

Orders

  • Wigan Metropolitan Borough Council is liable under s 36(1) of the Highways Act 1980 for failure to maintain the path.
  • Claimant entitled to damages; quantum to be determined if not agreed.