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England and Wales Case Law

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Tort law [2025] EWHC 1032 (KB)

Suffolk County Council v Lyall

Suffolk County Council v Lyall [2025] EWHC 1032 (KB) (29 April 2025)

The High Court dismissed Suffolk County Council’s appeal, upholding damages for a slip on a boardwalk on a public right of way and finding a common law duty arose from the council’s positive act of installing it.

  • Negligence
  • Duty of care
  • Highways
  • Public rights of way
  • Occupiers' liability
  • Duty-of-care
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Tort law

Suffolk County Council v Samantha Lyall

The High Court dismissed Suffolk County Council’s appeal over a slipping accident on a boardwalk, holding the council had created a foreseeable risk and could be liable in negligence.

  • Negligence
  • Duty of care
  • Public right of way
  • Highway authority liability
  • Duty-of-care
  • Public-right-of-way
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Tort law

Barker v Lancashire County Council

Court of Appeal upheld the council’s s.58 Highways Act defence in a tripping claim, holding the inspections were reasonable and the specific defect was not shown dangerous at inspection.

  • Highway maintenance
  • Statutory duty
  • Statutory defence
  • Personal injury
  • Highway-maintenance
  • Highways-act-1980
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Tort law [2013] EWCA Civ 582

Barker v Lancashire County Council

Barker v Lancashire County Council [2013] EWCA Civ 582 (23 May 2013)

Court of Appeal upheld dismissal of a highway tripping claim, holding the council’s reasonable inspection regime defeated liability under section 58 of the Highways Act 1980.

  • Highways maintenance
  • Statutory duty
  • Section 41 highways act 1980
  • Section 58 highways act 1980
  • Defective highways
  • Statutory defence
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Tort law [2011] EWCA Civ 776

Dalton v Nottinghamshire County Council

Dalton v Nottinghamshire County Council [2011] EWCA Civ 776 (06 July 2011)

The Court of Appeal held Nottinghamshire County Council liable after Mrs Dalton fell on a loose, wobbling paving block and rejected the section 58 defence.

  • Highway maintenance
  • Statutory duty
  • Personal injury
  • Statutory defence
  • Highway-maintenance
  • Highways-act-1980
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Tort law

Dalton v Nottinghamshire County Council

The Court of Appeal upheld liability after a pedestrian fell on a loose, wobbling paving block in a town square. The council’s section 58 defence failed.

  • Highway maintenance liability
  • Personal injury
  • Statutory duty under highways act 1980
  • Standard of care for public authorities
  • Statutory defence under s.58 highways act
  • Highway-maintenance-liability
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Insurance law [2008] EWHC 1375 (Comm)

Bedfordshire Police Authority v Constable & Ors

Bedfordshire Police Authority v Constable & Ors [2008] EWHC 1375 (Comm) (20 June 2008)

The High Court held that Bedfordshire Police Authority’s excess insurance covered its liability under the Riot (Damages) Act 1886, because the policy’s wording extended to that statutory liability.

  • Construction of insurance policy terms
  • Liability under riot (damages) act 1886
  • Strict liability
  • Meaning of 'damages' vs 'compensation'
  • Insurance-law
  • Statutory-interpretation
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Tort law

Harrison v Derby City Council

The Court of Appeal held Derby City Council was not liable under the Highways Act 1980, finding its six-monthly footway inspections were reasonable.

  • Highway maintenance
  • Negligence
  • Statutory duty
  • Defences under highways act 1980
  • Highway-maintenance
  • Highways-act-1980
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Tort law

Harrison v Derby City Council

The Court of Appeal granted Derby City Council permission to appeal in a highways liability claim concerning whether its inspection regime met the Section 58 defence.

  • Highway maintenance
  • Statutory defence
  • Personal injury
  • Highway-maintenance
  • Highways-act
  • Public-liability
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.