Shine v Tower Hamlets

Shine v Tower Hamlets

The local authority was not liable under statutory duty as the defect was in the bollard, not the highway, but was liable in negligence for failing to secure the bollard, which caused foreseeable injury to the claimant.

Parties
Claimant/appellant: Matthew Shine; Defendant/respondent: London Borough of Tower Hamlets
Jurisdiction
England and Wales
Judgment Date
09 June 2006
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Negligence, Breach of Statutory Duty, Contributory Negligence, Liability for Street Furniture
Tort Law Statutory Duty Negligence Breach of Statutory Duty Contributory Negligence Liability for Street Furniture

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Matthew Shine

Claimant/appellant

London Borough of Tower Hamlets

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the local authority breached statutory duty under the Highways Act 1980 by failing to maintain a bollard
  2. 2 Whether the local authority was negligent in failing to secure the bollard
  3. 3 Whether contributory negligence applied to the claimant

Ratio Decidendi

The local authority was not liable under statutory duty as the defect was in the bollard, not the highway, but was liable in negligence for failing to secure the bollard, which caused foreseeable injury to the claimant.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment of the lower court upheld.