header-logo header-logo

30 September 2010 / Karen O’Sullivan
Issue: 7435 / Categories: Features , LexisPSL
printer mail-detail

Hedging your bets

Karen O’Sullivan considers when a local authority is liable for a lapse in its statutory powers to maintain the highway

How easy is it to sue a Highway Authority for failing to maintain a highway when the failure doesn’t relate to the road or pavement surface? Past authorities have (as was acknowledged by the House of Lords) created some confusion as to the extent, if at all, a local authority is liable to a road-user for breach of statutory duty. This came up for substantial discussion in the recent decision of Yetkin v London Borough of Newham [2010] All ER (D) 118 (Jul) where the Court of Appeal considered the House of Lords’ decision of Gorringe v Calderdale MBC [2004] All ER (D) 06 (Apr).

In Gorringe the claimant approached the crest of a hill where the road narrowed. She was driving too fast and collided with an oncoming bus, causing horrific injury. She sued the local authority for its failure to exercise its statutory powers under s 39(2) of the Road Traffic Act 1988

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll