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30 September 2010 / Karen O’Sullivan
Issue: 7435 / Categories: Features , LexisPSL
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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

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NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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