Harrison v Derby City Council

Harrison v Derby City Council

Permission to appeal is granted to consider whether the low incidence of collapsed cellars justifies the existing inspection frequency and whether the council's maintenance regime meets the statutory standard of reasonable care.

Parties
Appellant: Harrison; Respondent: Derby City Council
Jurisdiction
England and Wales
Judgment Date
28 January 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Highway Maintenance, Statutory Defence, Personal Injury
Tort Law Public Liability Highway Maintenance Statutory Defence Personal Injury

Case Brief

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Parties

Harrison

Appellant

Derby City Council

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Derby City Council had established the statutory defence under Section 58 of the Highways Act for taking reasonable care to maintain the highway
  2. 2 Whether the frequency of pavement inspection was adequate given the risk of potholes caused by cellar voids

Ratio Decidendi

Permission to appeal is granted to consider whether the low incidence of collapsed cellars justifies the existing inspection frequency and whether the council's maintenance regime meets the statutory standard of reasonable care.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted to Derby City Council