0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Gulliksen v Pembrokeshire County Council

16 July 2002
The issues

Public footpaths – highway – tripping.

The facts

The Claimant was using a footpath through a Council Estate. He tripped on the edge of a manhole cover. The Judge at first instance dismissed the claim on the ground that although the path was a highway, the hazard was caused by non-feasance rather than mis-feasance and therefore the Local Authority’s land owner was not liable. However, the Council was liable as Highway Authority and in breach of its positive duty under Section 41 of the Highways Act 1980. The Defendant went to the High Court Judge, who allowed the Appeal on the grounds that the path was not a highway maintainable at public expense. The Claimant appealed to the Court of Appeal.

The decision

1. Section 32(I) of the 1980 Highways Act referred to “highways maintainable at public expense” which included all highways that were already maintainable under the Highways Act 1959.

2. Section 38 also included highways constructed by any Council under Part 5 of the Housing Act 1957.

3. The Court would assume that the paths in the Council Estate had been built under that provision since no authority could provide housing except under statutory authority.

The path therefore was a highway maintainable at public expense and given the failure of a Section 58 Defence, the Claimant would succeed.

Appeal allowed.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up