header-logo header-logo

An adjacent duty of care?

08 June 2018 / Cathrine Grubb
Issue: 7796 / Categories: Features
printer mail-detail
nlj_7796_grubb

If a hedgerow or tree is a risk to motorists, can the landowner be held liable? Cathrine Grubb investigates

  • Are owners of land adjoining the highway liable for risks to motorists such as vegetation that restricts visibility?
  • Reviews the case of Sumner v Colborne & Others.

Accidents at road junctions are not unusual. However, in the case of Sumner v Colborne & Others [2018] EWCA Civ 1006 such an accident gave rise to a novel question: can owners of land adjoining the highway be liable for dangers on their land that make the highway more dangerous? The judgment in Sumner not only deals with this issue but provides a helpful illustration of how to determine whether a duty of care exists in novel cases.

The collision

The danger in Sumner was vegetation planted on adjoining land that severely restricted the visibility at a junction on the A494. The A494 had a 60-mph speed limit. Guidelines for the development of new junctions require stopping distance sight of at least 122m on such roads. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll