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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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London Solicitors Litigation Association—John McElroy

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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