Webber & Anor v Devon County Council [2002] EWCA Civ 602 (19 April 2002)

Webber & Anor v Devon County Council [2002] EWCA Civ 602 (19 April 2002)

The risk of soil wash-off from fields C and D causing obstruction to the highway was not reasonably foreseeable except in exceptional circumstances; therefore, the appellants were not required to take preventative measures and had discharged the burden of showing reasonable care under section 150(4).

Citation
[2002] EWCA Civ 602
Parties
Appellant: Mr. G. Webber; Appellant: Mrs. J. Webber; Respondent: Devon County Council
Jurisdiction
England and Wales
Judgment Date
19 April 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Highway Obstruction, Reasonable Care, Negligence, Statutory Duty
Tort Statutory Liability Highway Obstruction Reasonable Care Negligence Statutory Duty

Case Brief

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Parties

Mr. G. Webber

Appellant

Mrs. J. Webber

Appellant

Devon County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellants took reasonable care to prevent soil from their fields causing obstruction to the highway under section 150(4) of the Highways Act 1980
  2. 2 Whether the risk of obstruction was reasonably foreseeable
  3. 3 Whether the appellants were liable in negligence for failure to prevent soil wash-off

Ratio Decidendi

The risk of soil wash-off from fields C and D causing obstruction to the highway was not reasonably foreseeable except in exceptional circumstances; therefore, the appellants were not required to take preventative measures and had discharged the burden of showing reasonable care under section 150(4).

Court Disposition

appeal allowed

Orders

  • Appeal allowed with costs here and below