header-logo header-logo

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

An adjacent duty of care?

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll