Barlow v Wigan Metropolitan Borough Council

Barlow v Wigan Metropolitan Borough Council

The path in Abram Park was deemed to have been dedicated as a highway at common law before 16 December 1949 due to long, uninterrupted public use, making it repairable by the inhabitants at large and subsequently maintainable at public expense under the relevant statutory provisions. The Council was therefore under a statutory duty to maintain the path under s 41 of the Highways Act 1980.

Parties
Claimant/respondent: Deborah Barlow; Defendant/appellant: Wigan Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
01 June 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
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 Statutory Interpretation Public Law 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

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the path in Abram Park was a highway maintainable at public expense under the Highways Act 1980
  2. 2 Whether the path was constructed by a highway authority in its capacity as such
  3. 3 Whether the path was dedicated as a highway before 16 December 1949

Ratio Decidendi

The path in Abram Park was deemed to have been dedicated as a highway at common law before 16 December 1949 due to long, uninterrupted public use, making it repairable by the inhabitants at large and subsequently maintainable at public expense under the relevant statutory provisions. The Council was therefore under a statutory duty to maintain the path under s 41 of the Highways Act 1980.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Wigan Metropolitan Borough Council is dismissed.
  • Ms Barlow’s claim for breach of statutory duty under s 41 of the Highways Act 1980 is upheld.