Barker v Lancashire County Council

Barker v Lancashire County Council

The Council had taken reasonable care as required by s. 58 of the Highways Act 1980, as the defect was not dangerous at the time of inspection, and there was no evidence that the inspectors failed in their duties. The statutory defence applies to the specific defect causing injury, not a wider area.

Parties
Appellant: Keith Barker; Respondent: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Highway Maintenance, Statutory Duty, Statutory Defence, Personal Injury
Tort Law Public Liability Highway Maintenance Statutory Duty Statutory Defence Personal Injury

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Parties

Keith Barker

Appellant

Lancashire County Council

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the local authority's statutory defence under s. 58 of the Highways Act 1980 can be limited to the specific defect causing injury or must consider a wider area
  2. 2 Whether the Council took reasonable care to maintain the highway as required by s. 58 of the Highways Act 1980

Ratio Decidendi

The Council had taken reasonable care as required by s. 58 of the Highways Act 1980, as the defect was not dangerous at the time of inspection, and there was no evidence that the inspectors failed in their duties. The statutory defence applies to the specific defect causing injury, not a wider area.

Court Disposition

Appeal dismissed