Rollinson v Dudley Metropolitan Borough Council

Rollinson v Dudley Metropolitan Borough Council

The statutory duty under Section 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 cannot be considered part of the fabric of the highway. The Judge below erred in law by extending the duty to include moss removal.

Parties
Claimant/respondent: Mr Craig Rollinson; Defendant/appellant: Dudley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Personal Injury, Highways Maintenance, Statutory Duty, Contributory Negligence
Tort Statutory Interpretation Personal Injury Highways Maintenance Statutory Duty Contributory Negligence

Case Brief

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Parties

Mr Craig Rollinson

Claimant/respondent

Dudley Metropolitan Borough Council

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the statutory duty under Section 41(1) of the Highways Act 1980 extends to removal of moss and algae from highways
  2. 2 Whether moss or algae can be considered part of the fabric of the highway for purposes of repair
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

The statutory duty under Section 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 cannot be considered part of the fabric of the highway. The Judge below erred in law by extending the duty to include moss removal.

Court Disposition

Appeal allowed

Orders

  • Judgment for Dudley Metropolitan Borough Council
  • No duty under s.41(1) to remove moss, algae, or lichen from highways